BOARD DATE:	  22 January 2013

		DOCKET NUMBER:  AR20120011243 


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 show his service in Korea and all authorized medals, ribbons, and citations.

2.  He states he was on the demilitarized zone (DMZ) performing guard duty to protect the South Koreans.  He explains he did an amphibious landing in Korea. 

3.  The applicant provides a self-authored statement and 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 enlisted in the Regular Army on 16 October 1961.  He served 
3 years on active duty, was honorably released from active duty on 15 October 1964 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  

3.  His DD Form 214 shows in:

* Item 3a (Grade, Rate, or Rank) sergeant (SGT)/E-5 (T) temporary
* Item 24c (Foreign and/or Sea Service) EUSA (Eighth United States Army - Korea)
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Item 32 (Remarks) contains no entry concerning foreign service

4.  His DA Form 24 (Service Record) shows he served in Korea from 16 March 1962 to 2 April 1963.  

5.  His record shows no record of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice and no record of courts-martial or any other type of adverse action.  Additionally, his DA Form 24 shows he received "excellent" conduct and efficiency ratings throughout his service.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

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

	a.  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.

	b.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 
11 September 2001 and a date to be determined.  

8.  Army Regulation 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  Section III instructed the preparer, in pertinent part, to enter the total active duty outside continental limits of the United States for the period covered by the 
DD Form 214 and the last oversea theater where service was performed, e.g., "(EUSA)" in item 24c.  There was no requirement to list the country or the dates of service in item 32. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record credits him with 1 year and 17 days of foreign service in EUSA.  Although there was no requirement in the regulation to list the country or the dates of service in item 32 at the time of his discharge, there is no harm by adding this information to his DD Form 214.  Therefore, in the interest of equity it would be appropriate to add his service in Korea to item 32 of his DD Form 214.

2.  The evidence of record shows the applicant served during a qualifying period for award of the KDSM.  Therefore, his records should be corrected to show this award.

3.  The evidence of record also shows he received "excellent" conduct and efficiency ratings and he had no record of courts-martial and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to the first award of the AGCM for the period 16 October 1961 to 15 October 1964 and to correction of his records to show this award.

4.  By regulation, the NDSM was authorized for honorable active duty service completed between 1 January 1961 and 14 August 1974.  As a result, he is entitled to this award and it should be added to his DD Form 214.


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:

a. Awarding him the Army Good Conduct Medal (1st Award) for the period
16 October 1961 to 15 October 1964; 

b. Adding to item 26 of his DD Form 214 the:

* Korea Defense Service Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal

c. Adding to item 32 of his DD Form 214 "Korea 19620316 - 19630402."



      _______ _  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)                                         AR20120011243





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ABCMR Record of Proceedings (cont)                                         AR20120011243



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