BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20110002333
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 foreign service.
2. The applicant states that he served in Korea from 1962 to 1963 and it is not reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 in Chicago, IL on 2 April 1962 for a period of 3 years. He completed his basic combat and advanced individual training as a wheel vehicle mechanic at Fort Knox, KY.
3. Section 5 (Service Outside Continental United States (CONUS)) of his DA Form 24 (Service Record) shows he departed CONUS on 24 August 1962 and he arrived in Inchon, Korea on 13 September 1962. He was subsequently assigned to the 58th Ordnance Company.
4. On 14 September 1963, he departed Korea en route to CONUS for assignment to a missile battalion in Chicago, where he remained until he was honorably released from active duty (REFRAD) on 1 April 1965 He completed
3 years of total active service. Block 24c (Foreign and/or Sea Service) of the
DD Form 214 he was issued at the time of his REFRAD, contains the entry
"0 0 0," indicating no foreign service.
5. 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. It states for block 24c, enter total active duty outside CONUS for the period covered by the DD Form 214 and the last oversea theater service was performed, e.g., "Foreign and/or Sea Service (EUSA)." EUSA indicates "Eighth United States Army."
6. 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. The applicants contention that his foreign service was omitted from his
DD Form 214 has been noted and found to have merit.
2. The applicant served in EUSA, Korea during the period 13 September 1962 through 14 September 1963, which equates to 1 year and 2 days of foreign service. Therefore, he is entitled to correction of his DD Form 214 to show the theater in which he served and the total length of his foreign service.
3. Based on his service in Korea, he is entitled to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
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. deleting from block 24c of his DD Form 214 the entry 0 0 0;
b. adding to block 24c of his DD Form 214 the entry EUSA 1 0 2; and
c. adding to block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the Korea Defense Service Medal.
__________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.
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