IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110016346 


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 document the time he served in Korea.

2.  The applicant states he was only credited with 1 year, 4 months, and 9 days of overseas service in item 24c (Foreign and/or Sea Service) of his
DD Form 214, which does not account for the time he served in Korea.

3.  The applicant provides no documentary evidence in support of his application.

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 13 November 1962 for a period of 3 years.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  Item 31 (Foreign Service) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the U.S. Army Pacific (USARPAC) in Korea from 26 June 1963 through 15 July 1964 (1 year and 20 days) and in the U.S. Army Europe (USAREUR) in Germany from 21 August 1964 through
28 December 1965 (1 year, 4 months, and 8 days) for a total of 2 years,
4 months, and 28 days.

4.  On 30 December 1965, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service, in the rank/grade of private (PV2)/E-2, after completing 3 years and 21 days of total active service.  Item 24c of the DD Form 214 he was issued at the time shows he completed 1 year,
4 months, and 9 days of overseas service during the period covered by the
DD Form 214 and that the last overseas theater in which he served was USAREUR.

5.  On 21 May 1998, a DD Form 215 (Correction to DD Form 214) was issued by the Army Review Boards Agency, St. Louis, MO, that corrected the applicant's DD Form 214 to show he completed 2 years, 4 months, and 28 days of foreign service and corrected his social security number.  The overseas service correction was listed as a correction to item 12c which was the correct item for overseas service for the DD Form 214 in effect in 1998; however, it was not the correct item for overseas service on the version of the DD Form 214 the applicant was issued, which was item 24c.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The current version provides for entering the total of all overseas service completed in item 12c.  The version of the regulation in effect at the time of the applicant’s separation provided for entering the total of all overseas service completed during the period in item 24c. 

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2- 20 contains guidance on the Korea Defense Service Medal.  It states it is authorized for 30 consecutive or 60 non-consecutive days of service in Korea from 28 July 1954 through a future date to be determined.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to document the total of all overseas service he completed during the period, including service in Korea, has been carefully considered and found to have merit.  As a result, it would be appropriate to correct item 24c of his DD Form 214 to show he completed 2 years, 4 months, and 28 days of total overseas service during the period covered by the DD Form 214.

2.  Although not requested by the applicant, given his request is based on documenting the time he served in Korea, it would be appropriate at this time to correct item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to show his entitlement to the Korea Defense Service Medal based on his qualifying service in Korea.

3.  In view of the foregoing, it would be appropriate to void the previously-issued
DD Form 215, dated 21 May 1998, and issue a new DD Form 215 to correct his DD Form 214 as recommended below.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding his previously-issued DD Form 215, dated 21 May 1998;

	b.  deleting from item 24c of his DD Form 214 the entry "1  4  9" and replacing it with the entry “2  4  28”;

	c.  adding to item 26 of his DD Form 214 the Korea Defense Service Medal; and
	d.  deleting from item 32 of his DD Form 214 the social security number entry and replacing it with his correct social security number as shown on the previously-issued DD Form 215.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110016346



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ABCMR Record of Proceedings (cont)                                         AR20110016346



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