IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110006177
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 in Korea and award of the Korean Service Medal.
2. Per phone call on 8 September 2011 between the analyst of record and the applicant, he indicated that he meant the Korea Defense Service Medal
3. The applicant states his DD Form 214 does not show his service in Korea and he was not awarded this award because it was not available at the time.
4. The applicant provides 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 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 enlisted in the Regular Army for a period of 3 years on 30 April 1964 and he held military occupational specialty (MOS) 91B (Medical Specialist).
3. Upon completion of MOS training, he was assigned to Aberdeen Proving Ground, MD. He later was reassigned to and served in Korea, U.S. Army Pacific Command (USARPAC) from 28 May 1965 to 27 June 1966.
4. He was honorably released from active duty on 28 April 1967. His DD Form 214 shows he completed 2 years, 11 months, and 29 days of creditable active service. It also shows in
* Item 22c (Foreign and/or Sea Service), he completed 1 year and 1 month of foreign service in USARPAC
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Good Conduct Medal and National Defense Service Medal
5. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified marksman with the M-14 rifle on 10 September 1966.
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.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. From 1951 to 1962, item 24 of the DD Form 214 in effect at the time showed the total active duty outside CONUS for the period covered by the DD Form 214. During the Vietnam War, item 12 of the DD Form 214 then in effect showed the total active duty outside CONUS for the period covered by the
DD Form 214 and the last overseas theater in which service was performed (e.g., USAREUR or U.S. Army Vietnam).
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."
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant served in Korea from 28 May 1965 to 27 June 1966. 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 to his DD Form 214 at this time.
2. He served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show one award of the Korea Defense Service Medal.
3. He fired marksman with his M-14 rifle; therefore, he is entitled to award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and correction of his DD Form 214 to show it.
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. adding to item 24 of his DD Form 214 the Korea Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and
b. adding to item 32 of his DD Form 214 the entry "Korea - 28 May 1965 to 27 June 1966, 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) AR20110006177
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ABCMR Record of Proceedings (cont) AR20110006177
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