DOCKET NUMBER:  AR20090004581 


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, that his 1 November 1974 DD Form 214 (Report of Separation from Active Duty) be corrected to reflect his service in the Republic of Korea (ROK) and the awards he is eligible for based on this service. 

2.  The applicant states, in effect, that he was separated with temporary records and issued an incomplete DD Form 214.  He further states to please issue him a DD Form 215 showing his service in the ROK and all awards he is entitled based on this service. 

3.  The applicant provides 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 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 show he initially enlisted in the Regular Army and entered active duty on 7 January 1969.  His record shows the highest rank he attained while serving on active duty was specialist five (SP5).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows, in Item 31 (Foreign Service), that he served in the ROK from 4 November 1972 through
20 November 1973.  Item 38 (Record of Assignment) shows that during his ROK tour, he was assigned to Company C, 1st Battalion, 31st Infantry Regiment, 
2nd Infantry Division, performing duties in military occupational specialty (MOS) 71H (Personnel Specialist) as a company clerk.  

4.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that during his active duty service, he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal, Army Good Conduct Medal (AGCM), Armed Forces Expeditionary Medal (AFEM) - Korea, Marksman Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's Official Military Personnel File (OMPF) contains Headquarters, 1st Battalion, 31st Infantry Regiment Special Orders Number 199, dated 
10 November 1972, which reassigned the applicant to Company C, 1st Battalion, 31st Infantry Regiment, effective 15 November 1972.

6.  On 1 November 1974, the applicant was honorably discharged, in the rank of SP5, after completing a total of 5 years, 9 months, and 23 days of active military service.  Item 18f (Foreign and/or Sea Service this Period), Item 19 (Indochina or Korea Service Since August 5, 1964), and Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) all contain the entry "See Item 27."  Item 27 (Remarks) contains the entry "Separated from service on temporary records and Soldier's affidavit 
DD Form 215 will be issued to provide missing information.

7.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge.  Chapter 2 provides guidance on the preparation of the DD Form 214 and states, in pertinent part, that a DD Form 214 must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the Active Army. 


8.  The separation documents regulation also contains item-by-item preparation instructions for the DD Form 214.  The instructions in effect at the time of the applicant’s separation stated, in pertinent part, to enter the amount of foreign service completed during the period covered by the DD Form 214 in Item 18f; to place an “X” in the “Yes” block in item 19 for those members who served in Korea during the period covered by the DD Form 214; and to enter all awards earned in item 26.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-20 contains guidance on award of the Korean Defense Service Medal.  It states, in pertinent part, that it is authorized to members who served in Korea between 28 July 1954 and a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 does not reflect his service in the ROK was carefully considered and found to have merit.  The evidence of record confirms the applicant served in the ROK during the period 4 November 1972 through 20 November 1973, as evidenced by entries in his DA Form 20 and by assignment orders in his OMPF.  As a result, it would be appropriate to correct Items 18f, 19, and 27 of his DD Form 214 accordingly.  

2.  The evidence of record also confirms the applicant is eligible to receive the AGCM, as evidenced by the entry contained in Item 41 of his DA Form 20.  It further confirms that based on his service in the ROK, the applicant received the AFEM-Korea and that he is eligible for the Korean Defense Service Medal.  His record further shows that during his active duty tenure, he earned the Marksman Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to add these awards to his DD Form 214 at this time.

BOARD VOTE:

___x____  _____x___  ___x___  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 amending his 1 November 1974 DD Form 214 as follows:

	a.  Item 18f - delete the current entry and replace it with the entry 
"1  0  16";  

	b.  Item 19 by placing an "X" in the “Yes” block; 

	c.  Item 26 – add the Army Good Conduct Medal, Korean Defense Service Medal, Armed Forces Expeditionary Medal – Korea, Marksman Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

	d.  Item 27 – delete the current entry and add the entry “Service in Korea-19721104-19731120; and  

	e.  issue him a correction document to his DD Form 214 that reflects these changes.   




      _______ _   _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)                                         AR20090004581



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ABCMR Record of Proceedings (cont)                                         AR20090004581



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