BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110017148
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:
a. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 November 1965 to show his service in Thailand, and
b. DD Form 214 for the period ending 30 November 1970 to show his service in Korea.
2. He states the Department of Veterans Affairs and a retirement services officer advised him that his DD Forms 214 should be corrected as requested.
3. He provides his DD Form 214 for the period ending 30 November 1970, an extract of his DA Form 20 (Enlisted Qualification Record), an internet printout showing a map of the South East Asian War - Area of Operations, and a copy of a page of a medical document.
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. His military records show he enlisted in the Regular Army on 23 October 1950. He served continuously through reenlistments.
3. His DA Form 20 shows he served in Thailand from 1 October 1962 to 3 May 1963 and in Korea from 6 July 1968 to 24 July 1969.
4. He was retired from active duty on 30 November 1970 for length of service. His final DD Form 214 shows he completed 8 months and 8 days of active service in the U.S. Army Pacific (USARPAC). This DD Form 214 does not list the Korea Defense Service Medal.
5. 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 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.
6. Army Regulation 635-5 (Separation Documents) contains guidance on the preparation of the DD Form 214. The version in effect at the time the two DD Forms 214 were prepared stated item 22c (Foreign and/or Sea Service) would show the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USARPAC, etc.). This version of the regulation did not provide for entering the specific country where the service was performed on the DD Form 214.
7. A more recent version of Army Regulation 635-5 changed the regulation to indicate Indochina and Korea service performed on or after 5 August 1964 by entering inclusive dates for Vietnam and indicating "yes" or "no" for service in Indochina and Korea in the remarks section of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served in:
* Thailand during the period 1 October 1962 to 3 May 1963
* Korea from 6 July 1968 to 24 July 1969
2. Although it was not until later that 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 Thailand and Korea to his corresponding DD Forms 214.
3. His record shows he met the qualifying criteria for award of the Korea Defense Service Medal. For the purpose of showing Korean service it would be appropriate to add this medal to his DD Form 214 for the period ending 30 November 1970.
4. In view of the foregoing, he is entitled to have his records corrected as shown below.
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 the following entries to his DD Form 214 for the period ending 30 November 1970:
* Korea Defense Service Medal
* "Indochina -- no, Vietnam -- no, Korea -- yes" to item 30; and
b. adding "Indochina (Thailand) -- yes, Vietnam -- no, Korea -- no" to item 32 of his DD Form 214 for the period ending 16 November 1965.
_______ _ _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) AR20110017148
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110017148
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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