IN THE CASE OF:
BOARD DATE: 24 July 2008
DOCKET NUMBER: AR20080007637
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 that his Korean service be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He also requests an unspecified award for his service in Korea.
2. The applicant states that he served in Korea from April 1957 to August 1958.
3. The applicant provides no additional documents 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 31 October 1956.
3. Item 31 (Foreign Service) on his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea (ROK) from 3 April 1957 through 7 August 1958 for a period of 16 months.
4. The applicant was honorably released from active duty on 6 September 1958 and was transferred to the U.S. Army Reserve on the following date. He continued to serve in the Reserve component until he was retired on 6 June 1997.
5. His DD Form 214 shows 1 year, 4 months, and 4 days of foreign service in item 24c (Foreign and/or Sea Service).
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. In the version in effect at the time, it directed that total active duty outside the continental limits of the United States performed during the period covered by the DD Form 214 would be entered in item 24c.
7. Army Regulation 600-8-22 states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows: (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles; and (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant's Enlisted Qualification Record shows he served in Korea from 3 April 1957 through 7 August 1958, which is a period of 1 year, 4 months, and 4 days. This period of foreign service is properly reflected in item 24c on the applicants DD Form 214. There were no provisions for identifying where the foreign service was performed.
2. The applicant did serve a period of qualifying service for award of the KDSM and this award should be added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___xx___ __xx____ ___xx___ 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 KDSM to his DD Form 214.
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 his DD Form 214 to show his Korean service.
________xxxxx_________
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) AR20080007637
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