IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100009790
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 award of the Korean Service Medal and correction of item 24c (Foreign and/or Sea Service) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show foreign service.
2. The applicant states he served on the demilitarized zone in Korea from 4 July 1965 through 16 July 1966 while on active duty in the U.S. Army.
3. The applicant provides a copy of his DD Form 214, reassignment orders, and a travel voucher, 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. He was inducted into the Army of the United States on 7 December 1964.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 15 June 1965 through 19 July 1966 while assigned to Headquarters Battery, 4th Battalion, 76th Artillery.
4. Orders published on 9 June 1966 show the applicant was reassigned from Headquarters Battery, 4th Battalion, 76th Artillery in Korea to Fort Huachuca, AZ on 18 July 1966.
5. The applicants travel voucher shows he departed Camp Sill, Korea on 16 July 1966 and departed Kimpo, Korea on 19 July 1966.
6. He was released from active duty on 6 December 1966. His DD Form 214 does not show the Korean Service Medal as an authorized award. Item 24c on his DD Form 214 does not show any foreign service.
7. Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
8. Army Regulation 600-8-22 states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he served on the demilitarized zone in Korea from 4 July 1965 through 16 July 1966 while on active duty in the U.S. Army. However, his DA Form 20 shows he served in Korea from 15 June 1965 through 19 July 1966.
2. The applicants request for award of the Korean Service Medal is acknowledged. However, he did not serve a period of qualifying service in Korea between 27 June 1950 and 27 July 1954. Therefore, he is not eligible for award of the Korean Service Medal.
3. The applicant did serve a period of qualifying service for award of the Korea Defense Service Medal and his DD Form 214 should be amended to show this award.
4. The applicant served a period of 1 year, 1 month, and 5 days of foreign service in Korea. Therefore, this foreign service should be entered in item 24c of his DD Form 214.
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. amending his DD Form 214 to add the Korea Defense Service Medal; and
b. amending item 24c on his DD Form 214 to show 1 year, 1 month, and 5 days of foreign service.
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 award of the Korean Service Medal.
_________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) AR20100009790
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