IN THE CASE OF:	  

		BOARD DATE:  1 May 2012

		DOCKET NUMBER:  AR20110020838 


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 his foreign service in Korea.

2.  The applicant states he served in Korea from 29 January to 2 April 1962.

3.  The applicant provides:

* DD Form 214
* Standard Form Number 1012a (Travel Voucher Memorandum)
* Letter of Commendation
* Letter of Appreciation
* Letter from the National Personnel Records Center

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 records show he enlisted in the Regular Army on 20 August 1959 and he held military occupational specialty 531.10 (Decontamination Specialist).  He was subsequently assigned to Fort Meade, MD.

3.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he was assigned as follows:

* 22 September to 1 November 1960, enroute to Eighth U.S. Army, Okinawa
* 2 November 1960 to 10 March 1961, U.S. Army Ordnance Group, Ruyuku Islands
* 11 March 1961 to 28 February 1962, U.S. Army Ordnance Group, Ruyuku Islands
* 1 March 1962 to 27 July 1962, U.S. Army Ordnance Group, Ruyuku Islands
* 28 July 1962, enroute to continental United States

4.  Section 5 (Service Outside Continental United States) of his DA Form 24 shows he departed Oakland, CA, on 31 October 1960 and arrived in Okinawa on 2 November 1960.  He departed Naha Port, Okinawa, on 28 July 1962 and arrived in the United States on 16 August 1962.

5.  He was honorably released from active duty on 16 August 1962 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

6.  His DD Form 214 shows he completed 2 years, 11 months, and 27 days of creditable active service.  Item 24c (Foreign and/or Sea Service) of this form shows he completed 1 year, 9 months, and 16 days of foreign service in the U.S. Army Pacific (USARPAC).

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle and Good Conduct Medal.

8.  On 13 January 2010, he was issued a DD Form 215 (Correction to DD Form 214) that added award of the National Defense Service Medal.

9.  He submitted:
* A travel voucher, dated 5 April 1962, that shows he departed Okinawa on 27 January 1962 and arrived in Seoul, Korea on 29 January 1962 and then departed Seoul, Korea on 1 April 1962 and arrived back in Okinawa on 5 April 1962
* A letter of commendation, dated 11 April 1962, commending his performance in Korea from 5 February 1962 to 30 March 1962
* A letter of appreciation, dated 2 April 1962, for outstanding service rendered in Korea to the 51st Chemical Processing Company, from 5 February 1962 to 30 March 1962

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  From 1951 to 1962, item 24 of the DD Form 214 in effect at the time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, item 12 of the DD Form 214 then in effect showed 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., U.S. Army Europe or U.S. Army Vietnam).  

11.  A review of his records indicates his entitlement to an additional award in recognition of his Korean service which is not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) states that 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 from 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea in what appears to be temporary duty in support of the defense of Korea from 29 January to         1 April 1962.  This period of foreign service is captured in item 24c of his DD Form 214 which reflects his total active duty outside the continental limits of the United States.  There is no provision in the regulation to list the specific country of foreign service in item 24c.  Nevertheless, his service in Korea qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

2.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  Nevertheless, the applicant may use this Record of Proceedings to confirm his foreign service in Korea.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  ____X __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 by adding the Korea Defense Service Medal.

2.  The Board further determined 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 correcting his DD Form 214 to include a specific entry showing that his foreign service was 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)                                         AR20110020838



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ABCMR Record of Proceedings (cont)                                         AR20110020838



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