IN THE CASE OF:
BOARD DATE: 24 May 2011
DOCKET NUMBER: AR20100026008
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 Separation from the Armed Forces of the United States) to show his service in Korea.
2. The applicant states he served in Korea from 6 June to 17 December 1960.
3. The applicant provides a copy of his DD Form 214 to substantiate his request.
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. On 21 July 1951, with prior Regular Army enlisted service, the applicant accepted a commission as a U.S. Army Reserve (USAR) officer with call to active duty.
3. Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in Korea from 6 January 1960 through 7 January 1961 for a period of 12 months.
4. Item 18 (Record of Assignments) of his DA Form 66 shows he was assigned to the:
* 15th Quartermaster Company, 1st Cavalry Division in Korea from
12 January 1960 through 16 December 1960
* Medical Holding Detachment, 121st Evacuation Hospital in Korea on
17 December 1960 in a patient status
* Medical Holding Detachment, U.S. Army Element, U.S. Naval Hospital, Great Lakes, IL, in a patient status on 14 January 1961
5. On 17 March 1972, the applicant was honorably retired by reason of permanent physical disability. Item 30 (Remarks) of his DD Form 214 shows the entry "Vietnam 25Apr68 thru 2Nov67 & 12Apr70 thru 13May71, Indochina-No, Korea-No."
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) 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. The
23 January 1967 version of this regulation was modified by Change Number 15, dated 4 February 1972, which stated: Indicate Indochina and Korea service on or after 5 August 1964 (emphasis added) by entering inclusive date of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. Sample entries are as follows:
a. To show service in Vietnam only, "Vietnam 25 Apr 70 through 28 May 71, Indochina yes, Korea no,"
b. To show service in Indochina (other than Vietnam) only, "Indochina yes, Vietnam no, Korea no."
c. To show service in Korea only, "Indochina no, Vietnam no, Korea yes."
7. 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. Although the applicant's record confirms he served in Korea between
6 January 1960 and 7 January 1961, by regulation the requirement to show service in Korea in item 30 of his DD Form 214 applied only to such service that occurred on or after 5 August 1964.
2. However, the applicant is eligible for award of the Korea Defense Service Medal and it should be added to his DD Form 214. This would effectively show his service in Korea.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 that his authorized awards include the 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 "Korea yes" in item 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) AR20100026008
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ABCMR Record of Proceedings (cont) AR20100026008
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