IN THE CASE OF:	  

		BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130008433 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 October 1967 to show:

* all awards he is authorized
* overseas assignment
* military education
* place of birth as "Arroyo Seco, NM"  

2.  The applicant states these items are missing or incorrect on his DD Form 214.

3.  The applicant provides no additional documentation.

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.  On 12 January 1966, he was inducted into the Army of the United States.  He was awarded military occupational specialty 94B (Cook).  The highest rank/grade he held was private first class/pay grade E-3.

3.  His DD Form 47 (Record of Induction) shows his place of birth as "Arroyo Seco, NM."  

4.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* item 27 (Military Education), Cook, 94B, 8 weeks, 1966
* item 31 (Foreign Service), he was credited with service in the Republic of Korea from 30 September 1966 until his release from active duty
* item 38 (Record of Assignments), he performed duties as a cook, light truck driver, and mortar gunner in Korea from 9 October 1966 to 27 October 1967 while he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 23rd Infantry Regiment

5.  He was honorably released from active duty on 27 October 1967.  He completed 1 year, 9 months, and 16 days of creditable active service.  The DD Form 214 he was issued does not reflect any Korea service.  This form shows in:

* item 8 (Place of Birth), "Arroyo New Mexico"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), National Defense Service Medal, Army Good Conduct Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* item 22c (Foreign and/or Sea Service), 1 year and 28 days in U.S. Army Pacific (USARPAC)
* item 25 (Education and Training Completed), Cook

6.  Army Regulation 600-8-22 (Military Awards) 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.

	a.  This regulation states the Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.

	b.  Table 2-2 of this regulation lists Korea as a qualifying area for the AFEM during the period 1 October 1966 to 30 June 1974.

7.  Army Regulation 635-5 (Separation Documents) established standardized policy for the preparation of the DD Form 214.

   a.  The version in effect at the time stated item 22c would show the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USARPAC).  This version of the regulation did not provide for entering the specific country where the service was performed on the DD Form 214.
   
   b.  It further provided for entering installation training (qualification) courses, including major courses which were successfully completed, military correspondence courses, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared.
   
   c.  A more recent version of Army Regulation 635-5 changed the regulation to indicate Indochina and Korea service performed on or after 5 August 1964 by entering inclusive dates for Vietnam and/or Korea and indicating "yes" or "no" for service in Indochina and Korea in item 30 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 47 shows his place of birth as "Arroyo Seco, NM."  Therefore, he is entitled to have item 8 of his DD Form 214 show this as his place of birth.  

2.  His record shows he met the qualifying criteria for award of the KDSM and AFEM.  As such, he is entitled to have these medals added to his DD Form 214.

3.  Although it was not until later that Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in Korea from 30 December 1966 to 27 October 1967 to his DD Form 214.  As such, the entry "Korea – 30 December 1966-27 October 1967" should be added to item 30 of his DD Form 214.
4.  His DD Form 214 shows he successfully completed cook training.  There is no evidence of other education or training that meets the provision for entry on his DD Form 214.  As such, there is no basis for adding other education or training to his DD Form 214.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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:

   a.  amending item 8 of his DD Form 214 to show "Arroyo Seco, New Mexico";
   
   b.  adding to item 13 of his DD Form 214 the KDSM and AFEM; and
   
   c.  adding the following entry to item 30 of his DD Form 214:  "Korea – 30 December 1966-27 October 1967."
   
2.  The Board further determined 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 adding additional education and training to his DD Form 214.  



      ___________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)                                         AR20130008433



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ABCMR Record of Proceedings (cont)                                         AR20130008433



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