BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010216
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) for the period ending 9 January 1964 be corrected to show awards and decorations for his temporary duty (TDY) assignments in the Philippines, Korea, and Berlin.
2. The applicant states:
a. In 1962 he went TDY to several Southeast Asia countries to include the Philippines and Korea.
b. He was later sent to Fulda, Germany and TDY again to Berlin.
c. His DD Form 214 for the period ending 9 January 1964 shows foreign service but no decorations.
d. He completed 30 years of Army service and 22 years of active service.
3. The applicant provides DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 31 May 2002, 14 March 1981, and
9 January 1964
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's military records covering the period 14 December 1961 to
9 January 1964 are not available.
3. His DD Form 214 for the period ending 9 January 1964 shows he was inducted into the Army of the United States on 14 December 1961. He served as a medical specialist and he was assigned to Europe. He was honorably released from active duty on 9 January 1964 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
4. His DD Form 214 for the period ending 9 January 1964 does not show any awards or decorations.
5. There is no evidence of record which shows he served in the Philippines, Korea, or Berlin prior to his release from active duty on 9 January 1964.
6. He subsequently served in the Regular Army from 1985 until he retired on
31 May 2002 in the rank of sergeant first class.
7. 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 have served on active duty in support of the defense of the Republic of Korea. The area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) 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 or meet several criteria including: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.
8. Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. The Army of Occupation Medal with Germany Clasp is for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.
DISCUSSION AND CONCLUSIONS:
The applicant contends he went TDY to the Philippines, Korea, and Berlin during his first period of active duty service from 1961 to 1964. However, there is no evidence of record and he provided no evidence to support this contention. Therefore, there is insufficient evidence on which to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ ___X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20120010216
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