IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120005463
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 (Report of Separation from Active Duty) ending on 30 June 1978 to show the correct dates of his service in Korea.
2. He states that due to a typographical error the dates of his service in Korea are listed on his DD Form 214 as 29 December 1972 through 20 February 1975. However, his correct dates are 29 December 1973 through 20 February 1975.
3. He does not provide any additional evidence.
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. The applicant enlisted in the Regular Army on 21 January 1958. Through a series of reenlistment options he performed his last reenlistment on 15 May 1975 and was honorably retired on 30 June 1978. He was credited with completing
20 years and 5 days of active service of which 3 years, 1 month, and 16 days were completed during his last enlistment.
3. His 30 June 1978 DD Form 214 shows in:
a. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:
* National Defense Service Medal
* Vietnam Service Medal with one silver and two bronze service stars
* Meritorious Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (4th Award)
* Army Commendation Medal (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Armed Forces Expeditionary Medal
* Meritorious Unit Commendation
b. Item 27 (Remarks) shows his last overseas service as "Korea
(29 December 1972 through 20 February 1975).
4. His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 29 December 1973 through 20 February 1975.
5. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. This regulation states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
6. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Korea from
29 December 1973 through 20 February 1975. Therefore, he is entitled correction of item 27 of his DD Form 214 to show these dates.
2. Based on completion of the above service he is also entitled to award of the KDSM and correction of his DD Form 214 to show this award.
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, dated 30 June 1978 by:
a. adding to item 26 the Korea Defense Service Medal; and
b. deleting from item 27 the entry "(29Dec72-20Feb75)" and adding the entry "(29Dec73-20Feb75)."
____________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) AR20120001696
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120005463
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019587
The applicant requests his middle name be corrected in item 1 (Last Name, First Name, Middle Name) on his DD Form 214 (Report of Separation from Active Duty) and item 18f (Foreign and/or Sea Service This Period) be corrected to show he served 1 year and 1 month of foreign service. The applicant's DD Form 398 (Statement of Personal History), dated 18 July 1972, shows the middle name Garret. The applicant's service personnel records show the middle name Garrett and Garret.
ARMY | BCMR | CY2013 | 20130021025
The applicant requests, in effect, his duty assignment in Korea be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 September 1969. c. a DD Form 256A (Honorable Discharge) was provided for his discharge on 31 March 1975. d. he received a DD Form 214 for the period 13 September 1966 to 29 September 1969. His records contain a DD Form 214 for this period of service.
ARMY | BCMR | CY2006 | 20060013623C071029
The applicant requests, in effect, that Item 27 (Remarks) and Item 28 (Mailing Address After Separation) of his 30 April 1978 separation document (DD Form 214) be corrected. The applicant states, in effect, that Item 27 of his final DD Form 214 should contain an entry documenting his service in the Republic of Vietnam (RVN) and should include the Korean Defense Service Medal. The evidence of record shows that the applicant served in the RVN from 30 June 1967 through 28 July 1968, and that...
ARMY | BCMR | CY2008 | 20080018529
Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received excellent conduct and efficiency ratings throughout his first period of military service. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110025151
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 February 1989 to show the Armed Forces Expeditionary Medal (AFEM) and the Korea Defense Service Medal (KDSM). Therefore, his DD Form 214 for the period ending 24 February 1989 should be corrected to show this award.
ARMY | BCMR | CY2009 | 20090010710
The applicant requests that his final DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all his authorized awards and decorations, all his military education, and all his foreign service credit. Upon his discharge, he received a DD Form 214 (form publishing date of 1 July 1966) that shows the following: a. in item 23c (Foreign Service/or Sea Service) the entry "USAREUR" and "09 months and 22 days"; b. in item 24 (Decorations, Medals, Badges, Citations...
ARMY | BCMR | CY2009 | 20090018632
The applicant requests that his Joint Service Commendation Medal (JSCM) and the Korea Defense Service Medal (KDSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 for the period ending 7 August 1975 the JSCM and the KDSM. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true...
ARMY | BCMR | CY2010 | 20100013135
The applicant requests award of the Korea Defense Service Medal (KDSM). He states his 26 September 1979 DD Form 214 (Report of Separation from Active Duty) shows his service in Korea from 30 September 1978 to 26 September 1979, but does not reflect the award of the KDSM. 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 his 26 September 1979 DD Form 214 the KDSM.
ARMY | BCMR | CY2009 | 20090000119
The applicant requests, in effect, award of the Korea Defense Service Medal (KDSM). Paragraph 2-13 contains policy on the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized for wear with this award for each RVN campaign a member is credited with participating in. 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 for the period ending 31 July 1979 to show...
ARMY | BCMR | CY2011 | 20110014011
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show: * foreign service in the Republic of Korea * award of the Armed Forces Expeditionary Medal (AFEM) for service in the Republic of Korea prior to 30 June 1974 * award of the Korea Defense Service Medal (KDSM) * award of the Army Commendation Medal (ARCOM) (2nd Award) 2. Since the applicant's...