IN THE CASE OF:	  

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110019077 


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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show award of the Korea Defense Service Medal
* Item 32 (Remarks) to show he served in Korea

2.  The applicant states that his DD Form 214 does not show his foreign service in Korea from August 1959 to August 1960.  Without this entry he won't be able to apply for award of the Korea Defense Service Medal.  A recent review of the Army Awards and Decorations regulation shows the Army has established a Korea Defense Service Medal for those who served in Korea from 1954 to the present.  He meets the eligibility requirements for the award of this medal.  Therefore, he would like his DD Form 214 amended to reflect this award and his service in Korea.  

3.  He provides:

* Assignment and reassignment orders, dated 18 August 1959 and 3 August 1960
* DA Forms 2139 (Military Pay Vouchers), dated September 1959 and August 1960
* 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 military records show he enlisted in the Regular Army in pay grade E-1, on 16 March 1959, for 3 years, with prior Army National Guard enlisted service.  He served in military occupational specialty 716 (Personnel Specialist).  

3.  He provided a copy of orders, dated 18 August 1959, assigning him to the 15th Administrative Company (Replacement), 1st Cavalry Division, APO 24, on or about 21 August 1959.

4.  He also provided a copy of orders, dated 3 August 1960, reassigning him from the 15th Administrative Company, 1st Cavalry Division, APO 24, to the 42nd Civil Affairs Company, Fort Gordon, GA, no later than 18 August 1960.

5.  He was honorably discharged in pay grade E-4 on 23 April 1962.  He was credited with completing 3 years, 1 month, and 8 days of active service and no time lost.

6.  He was issued a DD Form 214 showing in:

* Item 24c (Foreign and/or Sea Service) - 1 year and 16 days of foreign service credit
* Item 26 - the entry "None"
* Item 32 - no entry to show he served in Korea

7.  Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Korea from August 1959 through August 1960.  


8.  Other than the orders provided by the applicant and Item 5 of his DA 
Form 2-1, the available records do not contain any other documentary evidence that corresponds to or show his dates of arrival and departure for his service in Korea.

9.  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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

10.  Army Regulation 600-8-22 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.

11.  Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214.  It stated that foreign service performed during the period covered by the DD Form 214 would be entered in Item 24c.  The regulation did not provide for listing service in a country assigned and the inclusive dates.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal and National Defense Service Medal.  Therefore, it would be appropriate to issue him these awards and add them to his DD Form 214.

2.  In accordance with regulatory guidance in effect at the time there was no provision for listing his service in Korea in Item 32 of his DD Form 214.  Therefore, he is not entitled to amendment of his DD Form 214 to show this service.

3.  There is no evidence to support that he is authorized any other awards for this period of service.




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 adding to Item 26 of the applicant's DD Form 214 the Korea Defense Service Medal and National Defense Service Medal and by issuing them to him.

2.  The Board further determined that 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 amending his DD Form 214 to show he served 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)                                         AR20110019077



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ABCMR Record of Proceedings (cont)                                         AR20110019077



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