BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120009096 


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, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show:

	a.  his service in Vietnam and Korea; and

	b.  that he suffered an injury in Korea. 

2.  The applicant states:

* He served his country with a lot of pride
* All pertinent information on his DD Form 214 shows "NVAL" (not available) or "NA" (not applicable) and this is not acceptable to a veteran
* He served in Vietnam for 4 months and Korea for 9 months
* He lost his Vietnam Ribbon in Korea
* His DD Form 214 states "VN (Vietnam) Service:  None"
* He suffered an injury in Korea which left him with chronic depression and a bad neck which his record does not show
* He was kept overseas an extra 26 days   

3.  The applicant 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 was inducted into the Army of the United States on 6 May 1969.  He completed his training and was awarded military occupational specialty 76W (Petroleum Storage Specialist).  On 30 May 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.   

3.  His DD Form 214 shows in: 

* Item 22c (Foreign and/or Sea Service) the entry "USARPAC (U.S. Army Pacific) NVAL"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal (NDSM) and Armed Forces Expeditionary Medal (AFEM)
* Item 30 (Remarks) the entry "VN Service:  None"

4.  His DA Form 20 (Enlisted Qualification Record) is not available.  However, records show he served in Korea from approximately April 1970 to May 1971.    

5.  There is no evidence that shows he had prior service or served in Vietnam.

6.  There is no evidence which shows he was injured in Korea. 

7.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  The regulation in effect at the time provided that 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 the service was performed would be entered in item 22c.  The regulation also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 with the inclusive dates of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea.

8.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served in Korea for 9 months.  However, his inclusive dates of service in Korea are not available.  Evidence shows he served in Korea from approximately April 1970 to May 1971.  Since his inclusive dates of service in Korea are not available, there is insufficient evidence on which to amend the entry in item 22c of his DD Form 214 but item 30 should be corrected to show he served in Korea.  In addition, he served a period of qualifying service for award of the KDSM.  His DD Form 214 should be corrected to show this medal.    

2.  He contends he served in Vietnam for 4 months.  However, there is no evidence of record and he provided no evidence which shows he served in Vietnam.  Therefore, there is insufficient evidence on which to amend the entry in item 30 of his DD Form 214.

3.  He contends he suffered an injury in Korea and he wants that reflected on his DD Form 214.  However, there is no evidence and he provided no evidence which shows he was injured in Korea.  Nevertheless, there is no provision to show injuries on the DD Form 214.

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: 

	a.  adding the KDSM to item 24 of his DD Form 214; and

	b.  adding the entry "Service in Korea: Yes" to item 30 of his DD Form 214.      

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 correcting his DD Form 214 to show he served in Vietnam or was injured 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)                                         AR20120009096





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ABCMR Record of Proceedings (cont)                                         AR20120009096



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