BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110011843 


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 his DD Form 214 (Report of Transfer or Discharge) be corrected to show his record of overseas service in Korea from January 1962 to February 1963.

2.  The applicant states his DD Form 214 only shows his foreign service in Germany.

3.  The applicant provides:

* DD Form 214, effective 28 January 1965
* AE Form 2457 (Travel Claim) for the period 2 February 1963 through 4 June 1963
* Special Orders Number 1, issued by Headquarters, V Corps, dated 
4 January 1965
* Special Orders Number 31, issued by Headquarters, 38th Replacement Battalion, dated 1 February 1963

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 enlisted in the Regular Army on 4 August 1961 for a period of
4 years.  He completed training and he was awarded military occupational specialty (MOS) 631.10 (Wheeled Vehicle Mechanic).

3.  His social security number is listed as XXX-68-XXXX on his DA Form 
41 (Record of Emergency Data) dated 20 June 1964.

4.  Section 4 (Chronological Record of Military Service) of his DA Form 
24 (Service Record) shows he received conduct and efficiency ratings of "excellent" for all of his rated duty assignments. 

5.  Section 5 (Service Outside Continental United States) of his DA Form 
24 shows he arrived in Korea on 1 February 1962.  While in Korea, he was assigned to the 60th Transportation Company (Light Truck).  He served in Korea until 3 June 1963 when he departed Korea for his follow on assignment in Germany.  He was assigned to Germany from 4 June 1963 to 18 January 1965.

6.  He was honorably released from active duty on 28 January 1965 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He completed 3 years, 5 months, and 25 days of total active service.

7.  The DD Form 214 he was issued at the time shows in:

   a.  Item 24c (Foreign and/or Sea Service) the entry "USAREUR" and 
"2  8  19" indicating his total foreign service in both Korea and Germany;

   b.  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); and

   c.  Item 32 (Remarks) shows his social security number as "XXX-58-XXXX."

8.  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.  There must have been no convictions by a court-martial.

9.  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.

10.  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.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, 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 that for item 24c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed, e.g., "Foreign and/or Sea Service (USAREUR)."  There was no requirement to list specific lengths of overseas service on the DD Form 214 when the Soldier had more than one period of foreign service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served on active duty during a qualifying period for entitlement to the National Defense Service Medal.

2.  He served in Korea during a qualifying period for entitlement to the Korea Defense Service Medal.  His foreign service in Korea is combined with his foreign service in Germany in item 24c of his DD Form 214 (2 years, 8 months, and 
19 days); however, the regulation, in effect at the time, had no provision to show the specific dates of foreign service.  However, adding the Korea Defense Service Medal to his DD Form 214 will verify his assignment to Korea.

3.  The evidence shows he completed 3 years, 5 months, and 25 days of honorable service during which he received all "excellent" conduct and efficiency ratings and had no court-martial convictions.  There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award).

4.  His social security number was entered incorrectly in item 32 and should be corrected to show XXX-68-XXXX.

5.  In view of the above, his DD Form 214 should be corrected to show these awards and his correct social security number.

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 correcting the applicant's DD Form 214 by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
4 August 1961 to 28 January 1965.

   b.  adding to item 26 the:

* Army Good Conduct Medal
* National Defense Service Medal
* Korea Defense Service Medal

	c.  deleting the current social security number entry and adding to item 32 the entry "SSAN XXX-68-XXXX."

2.  The Board further determined 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 showing the specific dates of his service 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)                                         AR20110011843





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ABCMR Record of Proceedings (cont)                                         AR20110011843



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