IN THE CASE OF:	 

		BOARD DATE:	       23 December 2008

		DOCKET NUMBER:  AR20080014284 


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 items 8 (Place of Birth), 22c (Foreign and/or Sea Service), and 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended.

2.  The applicant states, in effect, that he was born in Middlebury, Vermont, not Middleburg; that the entry "USARPAC" [U.S. Army Pacific Command] in item 22c on his DD Form 214 should be Korea; and that he is eligible for the Korea Defense Service Medal (KDSM).

3.  The applicant provides a copy of his DD Form 214 and a DD Form 215 (Correction to DD Form 214), dated 22 November 1968.

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 DD Form 398 (Statement of Personal History), dated 1 June 1966, shows he was born in Middlebury, Vermont.  He enlisted on 15 August 1966 for a period of 2 years.  He served as a light weapons infantryman in Korea and was released from active duty on 14 August 1968.

3.  Item 8 of the applicant’s DD Form 214 shows the entry, "Middleburg Vt" [Vermont].  Item 22c of his DD Form 214 shows the entry, "USARPAC (i.e., U. S. Army Pacific) 01 02 02." Item 24 on his DD Form 214 shows the National Defense Service Medal, the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars, and the Expert Marksmanship Qualification Badge with Tank Bar as authorized awards.

4.  Item 31 (Foreign Service) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 11 January 1967 through 12 March 1968 (a total of 1 year, 2 months, and 2 days).

5.  A DD Form 215, dated 22 November 1968, amended the applicant’s DD Form 214 by adding the Armed Forces Expeditionary Medal and correcting his Social Security number and his home of record.

6.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governs the preparation of the DD Form 214.  The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.

7.  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 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.  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 entry on the applicant’s DD Form 398 which shows he was born in Middlebury, Vermont, is accepted as sufficient evidence on which to amend item 8 on his DD Form 214.

2.  Evidence of record shows the applicant served in Korea from 11 January 1967 through 12 March 1968 and he was awarded the Armed Forces Expeditionary Medal for his service in Korea.  Since the governing regulation states the last overseas theater in which service was performed would be entered in item 22c on the DD Form 214, which in the applicant’s case is USARPAC (Korea is located within USARPAC), it appears the entry "USARPAC" in item 22c is correct.  Therefore, there is no basis for amending item 22c of his DD Form 214.

3.  The applicant served a period of qualifying service for award of the KDSM.

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:

	a.  deleting the entry in item 8 on his DD Form 214;

	b.  adding the entry, "Middlebury, Vermont" in item 8 of his DD Form 214; and 

	c.  adding the KDSM in item 24 of 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 amending item 22c on his DD Form 214.



      _________xxx________________
                 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)                                         AR20080014284



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ABCMR Record of Proceedings (cont)                                         AR20080014284



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