IN THE CASE OF:
BOARD DATE: 8 February 2011
DOCKET NUMBER: AR20100018251
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 (Report of Transfer or Discharge) to show his foreign service and any associated awards for his service in Korea.
2. The applicant states he served in Korea from 17 January 1964 through 2 February 1965 but his DD Form 214 does not reflect this service nor does it show any awards for this service.
3. The applicant provides copies of his DD Form 214 and DA Form 24 (Service Record).
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's DD Form 214 shows he served on active duty from 12 August 1963 through 11 August 1965 in military occupational specialty 71B (Clerk Typist).
3. Item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Army Good Conduct Medal. Item 24c (Foreign and/or Service) is blank.
4. Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he served in Korea from 19 January 1964 to 2 February 1965 for a period of 1 year and 14 days. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows the Army Good Conduct Medal (1st award), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for item 24c, enter 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 service was performed, e.g. "Foreign and/or Sea Service (USAREUR [U.S. Army Europe])."
6. Army Regulation 635-5, in effect at the time, further states in Item 32 (Remarks), indicate Indochina and Korea Service on or after 5 August 1964 by entering inclusive dates of service. To show service in Korea only, enter "Indochina - No, Vietnam - No, Korea - Yes (inclusive dates)."
7. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
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.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant served in the U.S. Army Pacific (USARPAC) in Korea from 19 January 1964 to 2 February 1965. Therefore, it would be appropriate to correct his DD Form 214 to show his service in Korea.
2. There were no service, campaign, or expeditionary medals authorized for service in Korea at the time of his service in Korea. However, subsequent to his release form active service the Korea Defense Service Medal was created and authorized for retroactive award to include Soldiers who served in Korea on or after 28 July 1954. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. The applicant served a qualifying period of service for entitlement to the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.
4. The applicant's marksmanship qualification badges were omitted from his
DD Form 214. Therefore, it would be appropriate to correct this oversight at this time.
BOARD VOTE:
____X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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:
a. deleting from item 24c of his DD Form 214 the entry "None" and replacing it with the entry "USARPAC 1 0 14";
b. adding to item 26 of his DD Form 214 the National Defense Service Medal, Korea Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); and
c. adding to item 32 of his DD Form 214 the entry "Indochina - No, Vietnam - No, Korea - Yes (19 January 1964 - 2 February 1965)."
____________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) AR20100018251
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ABCMR Record of Proceedings (cont) AR20100018251
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