BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100023205
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 all of his awards and to show his Korean service.
2. He states his awards and overseas service were left off his DD Form 214.
3. He provides:
* his DD Form 214
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 2 June 2005
* his 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 enlisted in the Regular Army on 1 August 1958 for a period of 3 years.
3. Section 5 (Service Outside Continental United States) of his DA Form 24 shows he:
* departed Seattle, WA for service in Inchon, Korea on 29 July 1959
* arrived in Korea on 13 August 1959
* departed Inchon, Korea on 29 July 1960
* arrived in the United States on 13 August 1960
4. He was released from active duty on 31 July 1961. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar.
5. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he was credited with 1 year and 15 days of foreign service during this period.
6. 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.
7. 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.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served a qualifying period of service for award of the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
2. The evidence of record shows the applicant served in Korea from 13 August 1959 to 29 July 1960. Based on his service in Korea, he is entitled to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award.
3. Although he requests his Korean service be shown on his DD Form 214 by name, there was no provision at the time to identify a Soldier's foreign service location by name. Therefore, there is no basis for granting this portion of the applicant's request.
4. Nevertheless, although Army regulation in effect at the time did not provide for recording the country in which foreign service was performed on the DD Form 214, the award of the Korea Defense Service Medal will serve as sufficient evidence to show he served 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 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 to item 24 of his DD Form 214 the National Defense Service Medal and Korea Defense Service Medal.
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 showing his Korean service on 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) AR20100023205
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100023205
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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