IN THE CASE OF:	  

		BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100011502 


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 show his foreign service in Korea.

2.  The applicant states his Korean service does not appear on his DD Form 214. 
Upon applying for membership in the local Veterans of Foreign Wars, he was unable to prove his Korean service.

3.  The applicant provides a copy of his DD Form 214.

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 records show he enlisted in the Regular Army on 18 February 1958 and held military occupational specialty 434.20 (Mechanic Repairman).  He was subsequently assigned to Redstone Arsenal, AL, where he remained until on or about 12 December 1958.

3.  Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he departed San Francisco, CA, on 31 January 1959 and arrived in Korea on 20 February 1959.  He departed Inchon, Korea, on 24 February 1960 and arrived in the United States on 9 March 1960.

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Company, 4th U.S. Army Missile Command, Korea.

5.  He was honorably released from active duty on 17 February 1961 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

6.  His DD Form 214 shows he completed 3 years of creditable active service.  Item 24c (Foreign and/or Sea Service) of this form shows he completed 1 year, 1 month, and 9 days of foreign service.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Sharpshooter Marksmanship Qualification Badge with Rifle and Carbine Bars and the Driver and Mechanic Badge with Driver-W Bar.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  From 1951 to 1962, item 24 of the DD Form 214 in effect at the time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, item 12 of the DD Form 214 then in effect showed 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 service was performed (e.g., U.S. Army Europe or U.S. Army Vietnam).  

9.  A review of his records indicates his entitlement to an additional award in recognition of his Korean service which is not shown on his DD Form 214.

10.  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 served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 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.  The applicant contends that his Korean foreign service should be shown on his DD Form 214.

2.  The evidence of record shows the applicant served in Korea from 31 January 1959 to 24 February 1960.  This period of foreign service is captured in item 24c of his DD Form 214.  There is no provision in the regulation to list the specific country of foreign service in item 24c.  Nevertheless, his service in Korea qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

3.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  Nevertheless, the applicant may use this Record of Proceedings to confirm his foreign service in Korea.
 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 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.

ABCMR Record of Proceedings (cont)                                         AR20100011502



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011502



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1