BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100011600
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 his time served in the demilitarized zone (DMZ) in Korea be reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he served in the DMZ in Korea from July 1970 to August 1971 and he desires his DD Form 214 to reflect this service.
3. The applicant provides no additional documents with 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 was inducted into the Army of the United States in Minneapolis, Minnesota, on 5 February 1970. He completed basic training at Fort Bragg, North Carolina, and advanced individual training at Fort Knox, Kentucky, before being transferred to Korea on 28 June 1970 for assignment to Company B, 2d Battalion, 9th Infantry Regiment, 2d Infantry Division.
3. He departed Korea on 27 July 1971 for assignment to Fort Riley, Kansas, where he remained until he was honorably released from active duty on 5 October 1971. He served 1 year, 8 months, and 2 days of total active service.
4. His DD Form 214 issued at the time of his release shows he served 1 year and 1 month of foreign service in U.S. Army Pacific.
5. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (KDSM) 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time provided that the major theater (U.S. Army Pacific, U.S. Army Europe, etc.) would be entered in block 22c. (Foreign and/or Sea Service). In block 30 (Remarks), service in Korea or Indochina would be reflected with a "yes" entry and service in Vietnam would include the specific dates served in that country.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his service in Korea should be reflected on his DD Form 214 has been noted and appears to have merit. The applicable regulation in effect at the time specified that service in Korea and Indochina would be indicated by a "yes" and that service in Vietnam would contain specific dates of assignment.
2. Accordingly, the applicant's DD Form 214 should be corrected to reflect the entry "service in Korea."
3. Additionally, he is entitled to be awarded the KDSM for his service in Korea and to have that award added to his records as well.
BOARD VOTE:
___x_____ ____x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 awarding him the KDSM and by showing the entry "service in Korea" in block 30 of his DD Form 214.
___________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) AR20100011600
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