IN THE CASE OF:	  

		BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110017655 


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 he served in Korea.

2.  He states:

* he served in Korea for 1 year, 1 month, and 3 days
* his DD Form 214 should show he served in Korea
* he needs this correction for his future needs

3.  He 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 record shows he enlisted in the Regular Army on 6 March 1958.

3.  His DA Form 24 (Service Record) shows in:

	a.  Section 4 (Chronological Record of Military Service), he served in Korea with Headquarters Troop, 1st Reconnaissance Squadron, 9th Cavalry Regiment, from 15 November 1958 to 29 November 1959;

	b.  Section 4, he had all "excellent" conduct and efficiency ratings; and

	c.  Section 5 (Service Outside Continental United States), he:

		(1)  departed Seattle, Washington, on 30 October 1958 and arrived in Inchon, Korea, on 15 November 1958; and 

		(2)  departed Inchon, Korea, on 30 November 1959 and arrived at Travis Air Force Base, CA, on 2 December 1959.

	d.  Section 9 (Medals, Decorations, and Citations), he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Foreign Service), he served in Korea from 30 October 1958 to 14 November 1959; and

	b.  item 33 (Record of Assignments), he served with Headquarters Troop, 1st Reconnaissance Squadron, 9th Cavalry Regiment, during his tour of duty in Korea.

5.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal (AGCM).  There are no entries in his record to indicate his commanders denied him award of the AGCM.

6.  On 28 February 1961, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group after completing at total of 2 years, 11 months, and 25 days of active military service.


7.  His DD Form 214 shows in:
	a.  item 24c (Foreign and/or Sea Service), he completed 1 year, 1 month, and 3 days of foreign service; 

	b.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons), no awards; and

	c.  item 32 (Remarks), no theater of foreign service.

8.  As a related item, he is authorized the Korea Defense Service Medal (KDSM) based on his service in Korea.

9.  Army Regulation 600-8-22 (Military Awards) states the KDSM 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.

10.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher.  There must have been no convictions by court-martial.

12.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, 


discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The instructions for item 24c stated to enter the total period of active duty served outside of the continental limits of the United States for the period covered by the DD Form 214 and to enter the last overseas theater in which the service was performed (i.e., USARPAC (U.S. Army Pacific)).

14.  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.  The evidence of record shows the applicant served in Korea from 15 November 1958 to 29 November 1959.  Although Change Number 15 to Army Regulation 635-5 which authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964 was not published until 1972, there is no harm in adding his Korea service during the period 15 November 1958 to 29 November 1959 to his DD Form 214 at this time.

2.  The evidence of record confirms he honorably served on active duty during the period 6 March 1958 to 28 February 1961.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or any court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the AGCM.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the AGCM for the period 6 March 1958 to 28 February 1961 and to correct his records to show this award.

3.  He served a period of qualifying service in Korea for award of the NDSM and KDSM.  Therefore, he is entitled to have his DD Form 214 corrected to show these medals.



BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 by:

	a.  awarding him the AGCM (1st Award) for the period 6 March 1958 to 28 February 1961;

	b.  adding the AGCM (1st Award), NDSM, and KDSM to item 26;

	c.  adding the entry "Korea – 15 November 1958 to 29 November 1959" to item 32; and

	d.  providing the applicant a correction to his DD Form 214 as a result of these changes.



      _____________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)                                         AR20110017655



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ABCMR Record of Proceedings (cont)                                         AR20110017655



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