BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100021771 


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 item 24c (Foreign and/or Sea Service) and item 33 (Permanent Address for Mailing Purposes after Transfer or Discharge) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states item 33 of his DD Form 214 should show Corydon (Harrison County) Indiana and not Washington County; and item 24c should show the time he served in Korea which is important to him.  He claims he wants his family to have the correct record. 

3.  The applicant further states he has been trying to correct his DD Form 214 since he was discharged.  He claims he told the clerk who was preparing his 
DD Form 214 this information was incorrect and he was informed it would be corrected; however, it never was.  He states three Monroe County Veterans Services Officers have tried to get the DD Form 214 corrected to no avail.  

4.  The applicant provides the following documents in support of his application:

* DD Form 214
* County Veterans Service Officers address listing
* Statement of Hospitalization  


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 record shows he enlisted in the Regular Army on 6 November 1962, and he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His record shows he was first promoted to private first class (PFC)/E-3 on 21 November 1963, and that this is the highest rank he attained while serving on active duty.  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 5 April 1963 through 23 May 1964 and in the Republic of Vietnam (RVN) from 15 August through 27 September 1965.  

4.  On 26 November 1965, the applicant was honorably released from active duty (REFRAD), in the rank of PFC/E-3, after completing 2 years, 11 months, and 
27 days of active military service.  The initial DD Form 214 issued upon his REFRAD was the 1 November 1955 version and it contained the entry "Vietnam - 0  1  13" in item 24c, which was later amended to "1  3  2" by a DD Form 215 (Correction to DD Form 214) issued on 18 December 1974.  Item 35 of this 
DD Form 214 also contained the entry "3-- W. C---- St, Corydon (Washington) Indiana." 

5.  The applicant's record also contains a 1 November 1972 version of the 
DD Form 214 that was subsequently issued to the applicant for the same period of service.  Item 18f (Foreign and/or Sea Service) contains the entry "1  3  2" and item 19 (Indochina or Korea Service Since 5 August 1964) contains a check mark in the "YES" block and the entries "5 Apr 63 - 23 May 64" and 15 Aug 65 - 27 Sep 65."  

6.  A review of the Wikipedia list of counties in Indiana shows the town of Corydon is in Harrison County.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  

8.  The version of the separation documents regulation in effect at the time of the applicant's discharge provided for entering the total active duty service outside the continental limits of the United States for the period covered and the last overseas theater overseas service in which overseas service was performed in item 24c.  There were no provisions for separate entries for all overseas areas on the DD Form 214.

9.  The version of the separation documents regulation in effect at the time the applicant was reissued the DD Form 214 on the 1972 version provided for entering Indochina service in item 19 and for designating where the service was performed.  

10.  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 applicant's contention that his DD Form 214 should be corrected to show the correct county for his mailing address and to document his service in Korea has been carefully considered and found to have merit.  

2.  The evidence confirms the town of Corydon, Indiana is in Harrison and not Washington County, as is indicated on his DD Form 214.  Therefore, it would be appropriate to amend his DD Form 214 to reflect "Harrison County."  

3.  It would also be appropriate to amend the 1972 version of the DD Form 214 he was re-issued by adding "Korea" to item 19 in front of the entry "5 Apr 63 - 23 May 1964" and adding Vietnam in front of the entry "15 Aug - 27 Sep 65." 

4.  As a related issue, the applicant's service in Korea makes him eligible for the Korea Defense Service Medal.  This award should be added to his DD Form 214.



BOARD VOTE:

___x___  ___x_____  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the re-issued 1972 version of the DD Form 214 as follows:

	a.  Item 19 - add "Korea:" to the entry "5 Apr 63 - 23 May 64" and "Vietnam:" to the entry "15 Aug 65 - 27 Sep 65"; and 

	b.  Item 33 - by deleting the (Washington) portion of the entry and adding the entry (Harrison).  

	c.  adding the Korea Defense Service Medal.

2.  It would also be appropriate to void the original 1955 version of the DD Form 214 issued to the applicant in the interest of clarity.  



      _______ _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)                                         AR20100021771



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ABCMR Record of Proceedings (cont)                                         AR20100021771



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