IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110001670
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 his service in Korea.
2. The applicant states his service in Korea is not listed on his DD Form 214.
3. The applicant provides no additional documents.
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 27 May 1959 for a period of
3 years. He completed his initial entry training and he was awarded military occupational specialty 717.10 (Administrative Specialist).
3. Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 29 October 1959 through 10 May 1961.
4. Special Orders Number 187, issued by Headquarters, Special Troops, Eighth U.S. Army, dated 11 August 1960, awarded him the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.
5. Special Orders Number 27, issued by Headquarters, Special Troops, U.S. Army Garrison, Fort Carson, CO, dated 9 February 1962, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).
6. He was honorably released from active duty on 25 May 1962 at the expiration of his term of service. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he served 1 year, 6 months, and 12 days of foreign service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Good Conduct Medal. Item 32 (Remarks) shows, among other entries, the entry "Item 24c: EUSA (referring to Eight U.S. Army).
7. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. 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.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, stated that item 24c of the DD Form 214 would reflect "total active duty outside continental limits of the United States for the period covered by the DD Form 214." There were no provisions for entering the actual location where the foreign service was performed on the DD Form 214 during the period in question.
DISCUSSION AND CONCLUSIONS:
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. His foreign service is appropriately recorded in item 24c and item 32 of his DD Form 214.
2. Notwithstanding the fact that there were no provisions for entering the location of his foreign service on his DD Form 214, his service in Korea does entitle him to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
3. He also served during a qualifying period of service for entitlement to the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
4. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars. Therefore, his DD Form 214 should be corrected to show these qualification badges.
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 26 of his DD Form 214 the:
* National Defense Service Medal
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars
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 correcting his DD Form 214 to include a specific entry showing that his foreign service was served in Korea.
____________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) AR20110001670
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ABCMR Record of Proceedings (cont) AR20110001670
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