IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080012701
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 his DD Form 214 (Report of Transfer or Discharge) to show he served in Korea. He also requests, in effect, award of the Korea Defense Service Medal (KDSM).
2. The applicant states, in effect, that his DD Form 214 does not show his overseas duty in Korea from 1965 to 1966.
3. The applicant provides a copy of his DD Form 214, 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 enlisted on 1 July 1964 for a period of 3 years. He served as an ammunition storage specialist in Korea and was released from active duty on 30 June 1967.
3. The applicants DD Form 214 shows the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards. His DD Form 214 does not show that he served in Korea. Item 22c (Foreign and/or Sea Service) on his DD Form 214 shows the entry, 1 1 5.
4. Item 31 (Foreign Service) on the applicants DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 10 August 1965 to
14 September 1966.
5. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 22c. The regulation also states that the amount of foreign service will be taken from the Soldiers Enlisted Qualification Record or, if necessary, verified from the Soldiers Military Personnel Records Jacket. The regulation provided that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 with the inclusive dates of service in Vietnam and the entries Yes or No for service in Indochina and Korea.
6. Army Regulation 600-8-22 (Military Awards) states that the 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, (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. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, (2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or (3) participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations. Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met. Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.
DISCUSSION AND CONCLUSIONS:
1. The applicants service in Korea is properly reflected in item 22c on his DD Form 214. There is no provision to show dates of service in Korea; however, it would be appropriate to correct item 30 on his DD Form 214 to show he served in Korea.
2. The applicant served a period of qualifying service for award of the KDSM.
BOARD VOTE:
___XX_____ ____XX____ ____XX____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the KDSM on his DD Form 214; and
b. adding the entry, Service in Korea: Yes in item 30 on his DD Form 214.
________XXXX______________
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) AR20080012701
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