IN THE CASE OF:
BOARD DATE: 31 November 2010
DOCKET NUMBER: AR20100015065
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 records to show he served in Korea and to show any awards to which he is entitled.
2. The applicant states he needs his medical records.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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. The applicants complete military records are not available to the Board. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. The reconstructed records contain photocopies of burned records.
3. His DD Form 214 shows he was inducted into the Army of the United States on 16 March 1956.
4. Item 29 (Foreign Service) on his DA Form 20 (Enlisted Qualification Record) shows he served in the Armed Forces Far East (AFFE) from 30 August 1956 through 15 December 1957, a period of 1 year and 4 months.
5. Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he departed the United States on 30 August 1956 and arrived in Japan on 2 September 1956 for duty in the AFFE. His DA Form 24 also shows he departed Japan on 4 September 1956 and arrived in Korea on 4 September 1956. He continued to be assigned in the AFFE until December 1957.
6. The applicant was released from active duty on 30 December 1957. His DD Form 214 shows he was awarded the Army Good Conduct Medal.
7. Item 24c (Foreign and/or Sea Service) on his DD Form 214 shows he completed 1 year, 3 months, and 24 days of foreign service.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version in effect at the time directed that the amount of foreign service performed during the period covered by the DD Form 214 be entered in item 24c. There was no provision for posting the country in which foreign service was performed on the DD Form 214.
9. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence of record shows the applicant served in the AFFE from August 1956 to December 1957. His DD Form 214 reflects 1 year, 3 months, and 24 days of foreign service which includes his service in Japan and Korea. Therefore, his foreign service in Korea is properly recorded on his DD Form 214.
2. The applicant served 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.
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 adding award of the Korea Defense Service Medal to his DD Form 214.
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 amending his DD Form 214 to show his foreign service was in the country of 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) AR20100015065
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ABCMR Record of Proceedings (cont) AR20100015065
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