BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100029542
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 (Certificate of Release or Discharge from Active Duty) to show his Korean service.
2. The applicant states his DD Form 214 issued upon his discharge from active duty does not reflect his 12 months service in Korea as listed on his DA Form 20 (Enlisted Qualification Record).
3. The applicant provides copies of his:
* DD Form 214
* DA Form 20
* 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 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 military record shows he was inducted into the Army of the United States and entered active duty on 10 June 1959. He held military occupational specialty 721.10 (Communications Center Specialist).
3. His DA Form 20 shows he completed 1 year of service in Korea between the period 14 November 1959 and 29 November 1960.
4. On 12 May 1961, the applicant was honorably released from active duty. The DD Form 214 issued at that time shows he completed 1 year, 11 months, and 3 days of active creditable service.
5. Item 24 (Foreign and/or Sea Service) and item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 both contain the entry "NONE."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing the DD Form 214. It states to enter the total amount of foreign service completed during the period covered by the DD Form 214. It stipulates that the information entered in item 24c will be obtained from the Personnel Qualification Record.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Korea Defense Service Medal (KDSM). It states it is authorized 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 from 28 July 1954 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to document his 12 months foreign service in Korea.
2. The applicant's DA Form 20 confirms he completed of 1 year and 16 days of service in Korea. Based on this service, his DD Form 214 should be corrected to show the entry "1 0 16" in item 24c and the KDSM in item 26.
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:
a. amending his DD Form 214 to:
* delete the entry in item 24c and replace it with the entry "1 0 16"
* add the Korea Defense Service Medal in item 26
b. issuing him a correction to his DD Form 214 to reflect 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) AR20100029542
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100029542
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110017655
The evidence of record shows the applicant served in Korea from 15 November 1958 to 29 November 1959. 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 was not published until 1972, there is no harm in adding his Korea service during the period 15 November 1958 to 29 November 1959 to his DD Form 214 at this time. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2005 | 20050017063C070206
The applicant requests, in effect, that his Separation Document (DD Form 214) be corrected to reflect his service in Korea, and that he be awarded the Korean Service Medal (KSM). Records show the applicant should have discovered the alleged error or injustice related to documenting his Korea service on his DD Form 214 and award of the KSM now under consideration on 9 February 1960, the date of his separation from active duty. The Board determined that the evidence presented does not...
ARMY | BCMR | CY2012 | 20120011120
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy: a. Paragraph 2-10 contains guidance on the National Defense Service Medal (NDSM). It states, in pert1 January 1961 and 14 August 1974inent part, that it is authorized for honorable active duty service during the period between 1 January 1961 and 14 August 1974; and b. Paragraph 2-20 contains guidance on award of the Korea...
ARMY | BCMR | CY2008 | 20080004658
The applicant requests correction of his records to show his foreign service in Korea and in effect, award of the Korea Defense Service Medal. Item 22c (Foreign and/or Sea Service) of the applicants DD Form 214 shows he completed 1 year, 1 month, and 29 days of foreign service. With respect to correction of the applicants records to show his foreign service was in Korea, there is insufficient evidence to grant relief in this case.
ARMY | BCMR | CY2011 | 20110001670
IN THE CASE OF: BOARD DATE: 26 July 2011 DOCKET NUMBER: AR20110001670 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. While the evidence does confirm the applicant served in Korea, there were no provisions for entering the location of the foreign service on a Soldier's DD Form 214 at the time he was released from active duty in May 1962. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of his DD Form 214...
ARMY | BCMR | CY2008 | 20080019412
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Korean Service Medal (KSM) and to show credit for his foreign service in Korea. The applicant states that although he served in Korea he was never awarded the KSM or given any credit on his DD Form 214 for his foreign service. Army Regulation 635-5 (Separation Documents), in effect at the time, states that for Item 24c (Foreign and/or Sea Service), enter...
ARMY | BCMR | CY2008 | 20080006943
The applicant requests, in effect, that Item 24c (Foreign and/or Sea Service) and Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214 ) for the period ending 25 January 1959, be corrected to show his foreign service for Korea and the award of the Combat Infantryman Badge. His DD Form 214 shows he completed 14 years, 4 months, and 20 days of Total Active Service. As a result, the Board recommends...
ARMY | BCMR | CY2010 | 20100011502
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Korea. His DD Form 214 shows he completed 3 years of creditable active service. 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 served on active duty in support of the defense of the Republic of Korea.
ARMY | BCMR | CY2010 | 20100011258
The applicant requests correction of his 10 December 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Korea Defense Service Medal (KDSM) * National Defense Service Medal (NDSM) * Armed Forces Expeditionary Medal (AFEM) 2. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of...
ARMY | BCMR | CY2013 | 20130003138
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served in Korea from November 1959 to October 1960 and that all of his authorized awards be added to his DD Form 214. He had served 3 years and 22 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he served 1 year and 19 days of foreign service. Army Regulation 600-8-22 (Military Awards) states the National Defense...