IN THE CASE OF:	  

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080005162 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of Item 13b (Type of Certificate Issued); Item 17b (Term of Service); Item 17c (Date of Entry); Item 22c 
(Foreign and/or Sea Service); Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized); and Item 30 (Remarks) of his separation document (DD Form 214), dated 5 May 1967.  

2.  The applicant states, in effect, he played by the rules and was stabbed in the back and he just wants what is right.  He claims the Department of Veterans Affairs (VA) reports failed to document the terrible medical treatment Soldiers received and that in September 1966, while serving in the Republic of Korea (ROK) with the Tiger Division they were sent West to do what they were suppose to do; however, in November they were pulled out as a result of many being wounded and due to deaths.  

3.  The applicant provides a photograph of himself in support of his application.


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he was inducted into the Army of the United States (AUS) and entered active duty on 6 May 1965.  Induction orders issued by the United States Army Recruiting Main Station, Detroit, Michigan, confirm the applicant's active duty commitment (term of service) was 24 months (2 years).  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in Item 31 (Foreign Service), that he served in the ROK from 27 November 1965 through 
12 December 1966.  Item 38 (Record of Assignment) shows that during his tour in the ROK, he was assigned to Battery C, 1st Target Acquisition Battalion, 
25th Artillery Regiment.  

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that during his tenure on active duty, he earned the National Defense Service Medal (NDSM) and Expert Marksmanship Qualification Badge with Rifle Bar.  His record contains orders confirming he qualified as a marksman with the M-60 machinegun, and as a result was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar.

5.  On 5 May 1967, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service (ETS), and was transferred to the United States Army Reserve (USAR) Control Group.  Item 13b of the 
DD Form 214 he was issued contains the entry "None".  Item 17b and Item 17c both contain the entry "NA".  Item 22c contains an entry indicating he completed 1 year and 16 days of overseas service in Eighth United States Army (Korea).  

6.  Item 24 of the applicant's DD Form 214 lists the NDSM and Expert Marksmanship Qualification Badge with Rifle Bar as earned awards, and Item 30 contains the following entries:  "2 years college", "Blood Group "B"; and 
"Item 5a:  PFC (P) E-3 aptd 7 Jan 66."  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the separation documents regulation contains preparation instructions for the 
DD Form 214.  

8.  The separation documents regulation instructions contained in the version of the regulation in effect at the time of the applicant's separation contains instructions for completion of Item 13b that stated, in pertinent part, to enter the form number of the certificate issued and in cases where no formal certificate was authorized to be issued enter "None."  The instructions for Item 17b, stated, in pertinent part, that the term of service (in years) for which enlisted, reenlisted, or ordered to active duty would be entered.  The instructions for Item 17c stated, in pertinent part, to enter the date entered on active duty or the date enlistment or reenlistment was accomplished.  The instructions for Item 22c stated, in pertinent part, to enter the total period of active duty served outside the continental limits of the United States during the period covered by the DD Form 214, and the last oversea theater in which the service was performed.  The instructions for Item 24 stated, in pertinent part, to enter all decorations earned as documented in the 
DA Form 20.  The instructions for Item 30 stated, in pertinent part, that this item would be used for entries too long for their respective blocks and for entries directed by Headquarters, Department of the Army.

9.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) 
prescribes set policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons.  Chapter 3, (Character of Service/Description of Separation) Paragraph 3-2, states in pertinent part that Discharge certificates are furnished to Soldiers when they are honorably discharged.  Soldiers released from active duty and transferred to Reserve Components are only issued a 
DD Form 214 at that time, and are issued a Discharge Certificate only upon discharge at the completion of their military service obligation.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-12 contains guidance on award of the Armed Forces Expeditionary Medal (AFEM).  It provides, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The AFEM is authorized for service in the ROK during the period 1 October 1966 through 30 June 1974.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to awards not listed on the 
DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms that based on his service in the ROK, he is entitled to the AFEM Therefore, it would be appropriate to add this award to his record and DD Form 214 at this time. 

2.  The applicant's contention that the entries in Item 13b, Item 17b, Item 17c, Item 22c, and Item 30 of his DD form 214 were incorrect was also carefully considered.  However, there is insufficient evidence to support this claim.  

3.  The evidence of record confirms that the applicant was transferred to the USAR to complete his military service obligation upon his REFRAD, and he was 
not discharged.  As a result, he was not issued a discharge certificate at the 
time of his REFRAD and this fact is accurately reflected by the "None" entry in Item 13b.  It also shows he was inducted into the AUS and did not enter active duty as a result of enlistment, reenlistment, or for other reasons.  As a result,
the "NA" entries contained in Item 17b and Item 17c of his DD Form 214 
are correct.  Further, Item 22c accurately documents his 1 year and 16 days of overseas service in Korea with the current entry, and there is no evidence of record that would support additional entries in Item 30.  As a result, there is an insufficient evidentiary basis to support correction of any of these items of the applicant's DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Armed Forces Expeditionary Medal to Item 26 of his DD form 214; and by providing him a correction to his separation document that includes this award.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of Item 13b, Item 17b, Item 17c, Item 22c, and Item 30 of his 5 May 1967 DD Form 214.  




      _______ _ x  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005162



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ABCMR Record of Proceedings (cont)                                         AR20080005162



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