BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090010681
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service in Korea.
2. The applicant states, in effect, his DD Form 214 reflects his overseas service but makes no reference to service in Korea.
3. The applicant provides a DD Form 214 in support of this 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 in the Regular Army on 18 January 1954 and upon completion of initial entry training was awarded military occupational specialty 515.10 (Pipeline Specialist). He was released from active duty on 17 January 1957.
3. Item 29 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 31 January 1955 to 10 May 1956.
4. Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows he served 1 year, 3 months, and 9 days of foreign service. There is no indication that his foreign service was in Korea.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, stated that item 24c of the DD Form 214 would reflect "total active duty outside continental limits of the United States for the period covered by the DD Form 214." There were no provisions for entering the actual location where the foreign service was performed on the DD Form 214 during the period in question.
6. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal 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 encompasses (1) 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.
DISCUSSION AND CONCLUSIONS:
1. While the evidence does confirm the applicant served in Korea, there were no provisions for entering the location of the foreign service on an individual's
DD Form 214 at the time the applicant was released from active duty in January 1957. The applicant's foreign service is appropriately recorded in item 24c of his DD Form 214.
2. Notwithstanding the fact that there are no provisions for entering the location of the applicant's foreign service on his DD Form 214, his service in Korea does entitle him to the Korea Defense Service Medal. The addition of this award to his DD Form 214 should suffice to show that he did serve in Korea while in the Army.
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 amending his DD Form 214 by adding the Korea Defense Service Medal.
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 correcting his DD Form 214 to include a specific entry showing that his foreign service was served in Korea.
_______ _ 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.
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