IN THE CASE OF:
BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130003138
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served in Korea from November 1959 to October 1960 and that all of his authorized awards be added to his DD Form 214.
2. The applicant states that he served in Korea from November 1959 to October 1960 and he has not received any awards for that service.
3. The applicant provides a copy of 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 17 April 1959 for a period of 3 years. He completed basic training at Fort Hood, Texas and advanced individual training as a medical specialist at Fort Sam Houston, Texas.
3. He departed Seattle, Washington for assignment to Korea on 9 October 1959 and arrived at Inchon, Korea on 26 October 1959. He was assigned to Headquarters Detachment, 168th Medical Battalion during his entire tour.
4. He departed Korea on 23 October 1960 and was transferred to Fort Sam Houston where he remained until he was honorably released from active duty (REFRAD) on 8 May 1962 due to the expiration of his term of service. He had served 3 years and 22 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he served 1 year and 19 days of foreign service. This DD Form 214 also shows he was awarded the Good Conduct Medal and Sharpshooter Marksmanship Badge with Rifle Bar.
5. Army Regulation 600-8-22 (Military Awards) states 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.
6. Army Regulation 600-8-22 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.
7. Army Regulation 635-5 (Separation Forms) dated 11 January 1960 was the regulation in effect at the time of the applicants REFRAD and governed the preparation of the DD Form 214. It provided, in pertinent part, that only total active duty served outside of the continental limits of the United States for the period covered by the DD Form 214 would be entered. On 13 August 1963 that regulation was changed to include the theater of overseas service in block 24c (USAREUR, EUSA, etc).
DISCUSSION AND CONCLUSIONS:
1. The applicant served during qualifying periods for award of the NDSM and the KDSM. Accordingly, he should be issued those awards and they should be added to his DD Form 214 at this time.
2. However, the applicants contention that his DD Form 214 should be corrected to show his service in Korea has been noted and appears to lack merit. The regulation in effect during the time the applicant served made no provisions for any such entries.
3. Accordingly, it appears that his foreign service is correctly reflected on his
DD Form 214 and there is no basis to grant his request to add additional entries regarding his foreign service.
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 issuing him the NDSM and KDSM and adding them to 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 amending his DD Form 214 to reflect his service 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) AR20130003138
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