IN THE CASE OF:	

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100027513 


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, through his Member of Congress, correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Korea and Germany.

2.  The applicant states he completed 1 year, 5 months, and 10 day of foreign service in Germany and 1 year, 3 weeks, and 1 day of foreign service in Korea. He wants his DD Form 214 to reflect this foreign service. 

3.  The applicant did not provide any evidence. 

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 records show he enlisted in the Regular Army for 3 years on 8 April 1965 and he held military occupational specialty (MOS) 51M (Fire Fighter).  

3.  Subsequent to completion of MOS training, he completed the following periods of foreign service: 

* Korea, U.S. Army Pacific (USARPAC), from 16 September 1965 to         12 October 1966
* Germany, U.S. Army Europe (USAREUR), from 12 November 1966 to    18 March 1968

4.  On 19 March 1968, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.

5.  His DD Form 214 shows he completed 2 years, 11 months, and 12 days of creditable active service.  This form shows in: 

* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal
* Item 22c (Foreign and/or Sea Service) he completed 2 years, 6 months, and 4 days of foreign service in USAREUR

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  From 1951 to 1962, item 24 of the DD Form 214 in effect at the time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, item 12 of the DD Form 214 then in effect showed 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 in which service was performed (e.g., USAREUR).  

7.  As a related item, a review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) states that 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 
1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

9.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed 1 year and 27 days of foreign service in Korea and 1 year, 4 months, and 7 days of foreign service in Germany.  This equals a total of 2 years, 5 months, and 4 days of foreign service.  Although his DD Form 214 shows an extra month of foreign service this form properly captures his foreign service in item 22c.  The additional month will not be removed because the ABCMR has a policy not to make an applicant worse off.

2.  Additionally, as required by the regulation in effect at the time, item 22c of his DD Form 214 shows the entry "USAREUR" which is the last overseas theater in which his foreign service was performed.  There is no provision in the regulation to list the specific country of foreign service in item 22c.

3.  The current version of the regulation states that for an active duty Soldier deployed with his/her unit during their continuous period of active service, a statement of the country of deployment (locations authorized hazardous fire pay/imminent danger pay (HFP/IDP) and inclusive dates is listed in the remarks block of the DD Form 214.  The applicant in this case did not serve in a HFP/IDP area.  

4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant's DD Form 214 correctly shows his foreign service in item 22c and he has established no reason to change it.  

5.  However, the applicant served in Korea from 16 September 1965 to             12 October 1966, and he qualifies for award of the Korea Defense Service Medal.  Adding his award to his DD Form 214 will effectively show he served in Korea.  Additionally, he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, these awards should be added to his DD Form 214.

6.  Finally, the evidence of record confirms he served honorably during the period 8 April 1965 through 19 March 1968.  He attained the rank of SP4/E-4, served in Korea and Germany, and received "excellent" conduct and efficiency ratings throughout his military service.  Absent any derogatory information on file that would have disqualified him it would be appropriate to award him the first Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his DD Form 214 to show this medal.

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:

   a.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 8 April 1965 through 19 March 1968; 
   b.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Korea Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); and 
   
   c.  providing him a document to show the above corrections.

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 otherwise showing his foreign service in Korea and Germany.



      _______ _   _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)                                         AR20100027513



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ABCMR Record of Proceedings (cont)                                         AR20100027513



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