BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120011120
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 document his service in Korea.
2. The applicant states he needs his DD Form 214 to shows his foreign service was in Korea so he can become an officer in the Veterans of Foreign Wars (VFW).
3. The applicant provides no documentary evidence in support of his request.
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 record shows the applicant was inducted into the Army of the United States on 16 August 1965. He was trained in and awarded military occupational specialty (MOS) 12A (Pioneer). His DA Form 20 (Enlisted Qualification Record) shows he served in the United States Army Pacific (USARPAC)-Korea in item 31 (Foreign Service).
3. On 13 May 1966, the applicant was honorably released from active duty by reason of hardship after completing 8 months and 28 days of active military service. The DD Form 214 he was issued shows, in item 24c (Foreign and/or Sea Service), that he completed 1 month and 8 days of overseas service and that the last overseas theater he served in was USARPAC. It also shows he earned the Marksman Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.
4. Army Regulation 635-5 (Separation Documents) prescribes the documents that will be furnished to individuals upon release from active duty, discharge, and/or retirement. It also establishes the policy for the preparation and issue of the DD Form 214. The version of the regulation in effect at the time stated that the entry in item 24c for enlisted personnel would include the total active duty outside the limits of the Continental United States (CONUS) for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g."Foreign and/or Sea Service (USAREUR)." Furture versions of the regulation for provided for identifying Korea service. The regulation stipulated the DA Form 20 was the primary record source for DD Form 214 entries.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy:
a. Paragraph 2-10 contains guidance on the National Defense Service Medal (NDSM). It states, in pert1 January 1961 and 14 August 1974inent part, that it is authorized for honorable active duty service during the period between 1 January 1961 and 14 August 1974; and
b. Paragraph 2-20 contains guidance on award of the Korea Defense Service Medal (KDSM). It states, in pertinent part, that it is authorized for
30 consecutive or 60 non-consecutive days of service in Korea during the period 28 July 1954 to a date to be determined by the the Secretary of Deffense.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to specify service in Korea has been carefully considered and found to have merit.
2. There is no error related to the current entry in item 24c of his DD Form 214; however, there here are equity considerations. Given Korea is identified on the DA Form 20 in item 31 and based on the applicant's specific need to document Korea service, it would be appropriate, in the interest of equity, to correct item 24c of the DD Form 214 by deleting the current USARPAC entry and replacing it with the entry "USARPAC-Korea."
3. On a related matter, since the KDSM for qualifying Korea service was authorized for addition to the DD Form 214 subsequent to the applicant separation, it would be appropriate to add this award to his DD Form 214. In addition, the applicant is eligible for the NDSM based on his honorable service during a period of eligibility.
BOARD VOTE:
__x___ ___x_____ __x______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 by:
a. deleting the USARPAC entry from item 24c and adding the entry "USARPAC-Korea"; and
b. adding the National Defense Service Medal and Korea Defense Service Medal.
_______ _ 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) AR20120011120
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ABCMR Record of Proceedings (cont) AR20120011120
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