IN THE CASE OF:	  

		BOARD DATE:  8 November 2012

		DOCKET NUMBER:  AR20120009692 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 25 November 1966 be corrected to show all of his foreign service and all of his decorations and awards.

2.  The applicant states he spent time in Korea before and after the war and he served in Germany, France, and Japan.

3.  The applicant provides his:

* Statement of Service
* DD Form 214
* separation orders

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.  He enlisted in the Regular Army on 9 May 1951 and served continuously until his retirement due to disability.  

3.  His DD Form 214 for the period from 19 March 1957 to 18 March 1963 shows he had 3 years, 8 months, and 7 days foreign service, the last overseas theater he served in was U. S. Army Europe, and he was awarded the Army Good Conduct Medal.  He immediately reenlisted on 19 March 1963 in U.S. Army Europe.  

4.  On 25 November 1966, he was released from active duty and placed on the Retired List by reason of permanent disability.  His DD Form 214 shows he had  7 months and 4 days foreign service and the last overseas theater he served in was U.S. Army Europe and he was awarded his second National Defense Service Medal.

5.  There are no other DD Forms 214 available in his Military Personnel Records Jacket.

6.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  Item 31 (Foreign Service) shows he served in:

* Korea from 19 July 1952 to 24 September 1953
* Germany from 12 February 1955 to 12 September 1956
* Korea from 8 June 1957 to 21 September 1958
* France from 26 November 1960 to 22 October 1963

b.  Item 41 (Awards and Decorations)

* Army Good Conduct Medal (second award) 
* National Defense Service Medal (2 awards)

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Korean Service Medal was awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

   b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Korean Service Medal.

	c.  Based on his dates of service in Korea, table B-1 shows he participated in the:

* Korea, Summer-Fall 1952 Campaign - 1 May - 30 November 1952
* Third Korean Winter Campaign - 1 December 1952 - 30 April 1953
* Korea, Summer 1953 Campaign - 1 May - 27 July 1953

	d.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

   e.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

	f.  The Korea Defense Service Medal 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.

8.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  

	a.  Total active duty outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which service was performed was entered in Item 24c (Foreign and/or Sea Service).  

   b.  All decorations, service medals, campaign credits, and badges awarded or authorized during the period covered by the DD Form 214 were entered on the DD Form 214.

9.  Army Regulation 635-5 currently in effect states all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Under Army regulations both in effect at the time and currently in effect foreign service shown on the DD Form 214 is only that served during the period of the DD Form 214.

2.  The foreign service shown on his DD Form 214 with an effective date of 
25 November 1966 is only for foreign service completed during the period of the 
DD Form 214.  This period would be from 19 March 1963, the date he reenlisted in France, until the date he left France, 22 October 1963, as noted in item 31 of his DA Form 20.  Therefore, his foreign service is correct.

3.  Item 41 of his DA Form 20 shows he received his second Army Good Conduct Medal.  However, neither DD Form 214 shows his second award.  Therefore, it would be appropriate to add it to his last DD Form 214.

4.  Based on his service in Korea from 19 July 1952 to 24 September 1953 he is authorized the Republic of Korea War Service Medal.

5.  Based on his service in Korea from 8 June 1957 to 21 September 1958 he is authorized the Korea Defense Service Medal.

6.  At the time he was released from active duty only those awards that were awarded or authorized during the period of the DD Form 214 were entered on the DD Form 214.  The Republic of Korea War Service Medal and the Korea Defense Service Medal were not authorized until well after he was released from active duty.  Therefore, it would be appropriate to add these awards to his 
DD Form 214.

7.  Under current regulations all awards are listed on a Soldier's DD Form 214.  There are no previous DD Forms 214 available to show if correct entries were previously made and item 41 of his DA Form 20 is incomplete.  In addition, an entry of the Republic of Korea War Service Medal alone may lead one who is not familiar with Army regulations to question his DD Form 214.  Therefore, it would be appropriate in this case to also add the additional medals it is known he would be authorized for his service in Korea from 19 July 1952 to 24 September 1953:

* Korean Service Medal with three service stars
* United Nations Service Medal


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 amending his DD Form 214 to include the:

* Army Good Conduct Medal (2nd award)
* Korean Service Medal with three service stars
* Korea Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal

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 foreign service.




      _______ _   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)                                         AR20120009692



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ABCMR Record of Proceedings (cont)                                         AR20120009692



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