IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110015867
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 item 37 (Remarks) on his DD Form 214 (Report of Separation from Active Duty) be corrected to show "Korea" instead of "Germany."
2. The applicant states, in effect, his DD Form 214 is in error.
3. The applicant provides an extract of his DA Form 2-1 (Personnel Qualification Record).
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 U.S. Army Reserve under the Delayed Entry Program on 6 February 1975. On 17 March 1975, he enlisted in the Regular Army. He completed training and was awarded military occupational specialty 67Y (Attack Helicopter Repairer). The highest rank/grade he attained while on active duty was specialist four/E-4.
3. The applicant's DA 2-1 shows the following:
a. Item 5 (Oversea Service) shows he served in the Republic of Korea during the period 4 October 1975 through 2 November 1976.
b. Item 35 (Record of Assignments) shows he was assigned to the 117th Aviation Company while in the Republic of Korea.
4. Item 18f (Foreign and/or Sea Service This Period) of the applicant's DD Form 214 shows 1 year and 1 month of Foreign Service.
5. The record does not contain any documents showing he was assigned to a unit or performed temporary duty in Germany.
6. The applicant was honorably released from active duty on 16 March 1978. He completed 3 years, 1 month, and 11 days of active military service.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The separation document is to provide the individual with a complete and accurate documentary evidence of their military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 was carefully considered and determined to have merit.
2. The applicant's DA Form 2-1 and documents in his military records show he was assigned to the 117 Aviation Company while assigned in the Republic of Korea. There is no evidence showing the applicant was assigned to a unit or performed temporary duty in Germany.
3. Based on the foregoing, the applicant is entitled to correction of his DD Form 214 to show his last overseas service was in Korea.
BOARD VOTE:
________ ________ ________ 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 deleting "Germany" from Item 37 (Remarks) of his DD Form 214 and replacing it with "Korea."
_______ _ _______ ___
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) AR20110015867
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110015867
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060001703C070205
His service records also show that he served a second tour in the Republic of Vietnam during the period 17 May 1968 to 22 April 1969. The applicant's records show that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Meritorious Service Medal; Army Good Conduct Medal first award for the period 23 October 1949 to 23 December 1952; Korea Defense Service...
ARMY | BCMR | CY2013 | 20130019528
The applicant requests the DD Form 214 (Certificate of Release or Discharge from Active Duty) of his deceased father, a former service member (FSM), be corrected to show the: * Meritorious Service Medal * Army Commendation Medal (1st Oak Leaf Cluster (OLC)) * Vietnam Service Medal with 6 bronze service stars * Overseas Service Ribbon (4th Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Master Aviator (instead of Aviation) Badge * Korea Defense Service Medal 2. ...
ARMY | BCMR | CY2008 | 20080019976
The evidence of record shows that the applicant served a qualifying period for award of the Korea Defense Service Medal. Therefore, it would be appropriate to correct his records to show this service medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and b. adding to item 24 of his DD Form 214 the Distinguished Flying Cross, Air Medal with...
ARMY | BCMR | CY2013 | 20130011344
Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Therefore, his DD Form 214 should be corrected to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry "V 26...
ARMY | BCMR | CY2007 | 20070004788
The Korea Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined. The evidence of record also shows that the applicant was awarded the Armed Forces Expeditionary Medal for service in the Republic of Korea in direct support of military operations from 7 November 1971 through 6 December 1972. Therefore, the applicant is entitled to correction of his...
ARMY | BCMR | CY2010 | 20100010782
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her tours of overseas service in the Republic of Korea and the Federal Republic of Germany and her deployment to Saudi Arabia. The evidence of record clearly shows the applicant completed tours of duty in the Republic of Korea and the Federal Republic of Germany. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2009 | 20090013337
Army Regulation 600-8-22 states that 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 evidence of record shows the applicant was awarded the Vietnam Service Medal. General orders awarded the applicant's unit of assignment, the 189th Aviation Company, the Presidential Unit Citation for extraordinary heroism from 29 October 1967 to 30 November 1967...
ARMY | BCMR | CY2013 | 20130021025
The applicant requests, in effect, his duty assignment in Korea be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 September 1969. c. a DD Form 256A (Honorable Discharge) was provided for his discharge on 31 March 1975. d. he received a DD Form 214 for the period 13 September 1966 to 29 September 1969. His records contain a DD Form 214 for this period of service.
ARMY | BCMR | CY2010 | 20100019997
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 10 July 1980, to show his total active service and awards. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 for the period ending on 10 July 1980 the: * Korea Defense Service Medal *...
ARMY | BCMR | CY2004 | 20040010942C070208
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 31 August 1975 to show award of the Army Commendation Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Vietnam Service Medal with two or three bronze service stars, the Presidential Unit Citation, the Meritorious Unit Commendation, and the Valorous Unit Award. Evidence of record shows the applicant served a period of...