IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110003742 


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 reflect that he served in the Republic of Korea.

2.  He states he desires this correction in order to meet eligibility criteria for veteran's organizations.  He further states he was stationed in Korea about       10 miles from the Demilitarized Zone for approximately 13 months while assigned to A Battery, 5th Battalion, 82nd Field Artillery Regiment.

3.  He provides no additional 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 was inducted into the Army of the United States on 12 March 1963.  He completed training in military occupational specialty (MOS) 941.10 (Cook).

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

	a.  item 31 (Foreign Service) - he served in Korea from 19 January 1964 to 17 February 1965, a period of 1 year and 1 month; and

	b.  Item 38 (Record of Assignments) - he was assigned to A Battery, 5th Battalion, 82nd Field Artillery Regiment.

4.  His DA Form 24 (Service Record) shows:

	a.  Section 2 (Chronological Record of Military Service) - he was assigned to A Battery, 5th Battalion, 82nd Field Artillery Regiment in Korea from 27 January 1964 to 26 January 1965;

	b.  Section 2 -he departed Korea enroute to the U.S. on or after 27 January 1965 and arrived in Oakland, CA on 17 February 1965; 

	c.  Section 2 - he received mostly "excellent" conduct and efficiency ratings with one academic "good" rating; and

	d.  Section 5 (Service Outside Continental United States) - he departed the U.S. on 19 January 1964 and arrived in Korea on 24 January 1964 and returned to Oakland, CA on 17 February 1965.

5.  He was honorably released from active duty on 18 February 1965 and transferred to the U.S. Army Reserve Control Group (Annual Training).  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

6.  The DD Form 214 issued to him at the time of his release shows:

	a.  Item 24c (Foreign and/or Sea Service) he served in the U.S. Army Pacific (USARPAC) theater of operations for a period of 1 year and 1 month;

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1);

	c.  Item 32 (Remarks) does not indicate the location of the applicant's foreign service.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to     22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  

8.  Army Regulation 600-8-22 (Military Awards) states 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.  

9.  Army Regulation 600-8-22 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.

10.  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 (e.g., USARPAC (U.S. Army Pacific)) in which the service was performed.

11.  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."

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant arrived in Korea on 24 January 1964 and returned to the U.S. on 17 February 1965.  Although it was not until March 1972 that Change Number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in Korea during the period 24 January 1964 to 16 February 1965 at this time.

2.  Evidence shows he completed a period of honorable service during which he received mostly "excellent" conduct and efficiency ratings, with one academic "good" rating, and he had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 12 March 1963 through 18 February 1965 and he is entitled to correction of his DD Form 214 to show this award.

3.  Evidence also shows he completed qualifying periods of service for award of the National Defense Service Medal and the Korea Defense Service Medal.  Therefore, he is entitled to have his record corrected to show these service medals.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 12 March 1963 through 18 February 1965;

	b.  adding the following awards to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korea Defense Service Medal

	c.  adding to item 32 (Remarks) of his DD Form 214 the entry "Korea - 24 January 1964 to 16 February 1965, Indochina - No, Vietnam - No."



      _______ _   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)                                         AR20110003742





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ABCMR Record of Proceedings (cont)                                         AR20110003742



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