IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100029486 


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, the widow of a deceased former service member (FSM) requests correction of his record to show the period he served in Korea.

2.  She states the FSM was deployed to Korea for about 18 months but neither his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) nor any of his military records state the date of his departure or arrival back to the States.

3.  She provides a copy of the State of Tennessee, Office of Vital Statistics, Certificate of Death. 

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 FSM was inducted into the Army of the United States on 25 April 1961 and he enlisted in the Regular Army on 8 September 1961.  

3.  His DA Form 24 (Service Record) shows in:

* Section 4 (Chronological Record of Military Service) he served in Korea with the following units for the periods indicated:

* 21 June to 25 October 1963 – 59th Aviation Company (Redesignated)
* 26 October 1963 to 8 July 1964 - Headquarters and Headquarters Battery, I Corps Artillery

* Section 5 (Service Outside Continental U.S.) shows he:

* departed Travis Air Force Base, CA on 25 June 1963 and arrived at Kimpo Air Force Base, Korea on 29 June 1963
* departed U.S. Army Pacific (USARPAC) and arrived in Oakland, CA on 25 July 1964

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 29 (Foreign Service) he served in Korea from 25 June 1963 to        25 July 1964
* Item 33 (Record of Assignments) during his tour in Korea he served with the 59th Aviation Company 

5.  On 25 July 1964, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) after completing at total of 3 years, 3 month, and 1 day of active military service.  

6.  The DD Form 214 he was issued, dated 25 July 1964 shows in:

	a.  Item 24c (Foreign and/or Sea Service) he had 1 year, 1 month, and 1 day of foreign service in USARPAC.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he earned the Expert Marksmanship Qualification Badge with M-1 Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Rifle Bar during this period of service; and 
      
   c.  Item 32 (Remarks)  does not list the country of foreign service. 

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 24c, enter the total period of active duty served outside of the continental limits of the U.S. for the period covered by the DD Form 214 and to enter the last overseas theater in which the service was performed (i.e. USARPAC).

8.  Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after
5 August 1964 by entering inclusive dates 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.  For example, to show service in Vietnam only, enter "Vietnam -- 
6 Apr 70 through 28 May 71, Indochina - yes, Korea - no."

9.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) further provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

11.  A review of the FSM's service record also shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  There are no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal.

12.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) 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.   

13.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the FSM served in Korea from 21 June 1963 to 25 October 1964.  Although Change Number 15 to Army Regulation 635-5 which authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964 as not published until 1972, there is no harm in adding his Korea service during the period 21 June 1963 to 25 July 1964 at this time.

2.  The evidence of record confirms the FSM honorably served on active duty during the period 25 April 1961 through 25 July 1964.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the FSM the Army Good Conduct Medal for the period 25 April 1961 through 24 April 1964 and to correct his records to show this award.

3.  The FSM served a period of qualifying service in Korea for award of the KDSM and the NDSM.  Therefore, he is entitled to have his DD Form 214 corrected to show these medals.

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 amending his DD Form 214 by:

	a.  adding to item 32 the entry "Korea – 21 June 1963 to 25 July 1964";
	b.  awarding the FSM the Army Good Conduct Medal (1st Award) for the period 25 April 1961 through 24 April 1964;

	c.  adding to item 13 the Army Good Conduct Medal (1st Award), KDSM, and NDSM; and 

	d.  providing the applicant a corrected DD Form 214 as a result of these changes.



      _______ _  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)                                         AR20100029486



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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