IN THE CASE OF:	  

		BOARD DATE:	  25 February 2014

		DOCKET NUMBER:  AR20130010324 


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 he was assigned to "Company C, 1st Battalion, 32nd Infantry Regiment, 7th Infantry Division" vice "Company C, 1st Battalion, 23rd Infantry Regiment, 7th Infantry Division."

2.  The applicant states the unit listed on his DD Form 214 is incorrect.

3.  The applicant provides:

* Veterans Administration (VA) Form 10-2827 (VA Application for Outpatient Treatment), dated 21 May 1969
* 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 was inducted into the Army of the United States on 
21 September 1967.  He held military occupational specialty 11B (Light Weapons Infantryman) and attained the rank/grade of specialist four/E-4.

3.  His record does not contain a DA Form 20 (Enlisted Qualification Record)

4.  His record contains a Standard Form (SF) 89 (Report of Medical History) dated 17 April 1969 which shows:

* he received an expiration term of service (ETS) examination/physical on 17 April 1969
* he listed his unit as "Company C, 1st Battalion, 32nd Infantry Regiment"
* the examining facility was listed as "1st Battalion, 32nd Infantry Regiment Aid Station, Army Post Office (APO) San Francisco (SF) 96027"

5.  He was honorably released form active duty on 26 April 1969 after completing 1 year, 7 months, and 6 days of net active service, of which 1 year, 2 months, and 18 days was credited as foreign service in U.S. Army Pacific (USARPAC).  His DD Form 214 shows in:

   a.  item 12 (Last Duty Assignment and Major Command) that he was assigned to Company C, 1st Battalion, 23nd (i.e., 23rd) Infantry Regiment, 7th Division, APO 96207, 8th Army.  
   
   b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:
   
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
   
   c.  item 30 (Remarks) no mention of foreign service or the length of his foreign service in Korea.

6.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. 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.  Table 2-2 of this regulations shows that Korea was listed as a designated U.S. military operations, area between Korea 1 October 1966 to 
30 June 1974.

7.  Army Regulation 600-8-22 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated for:

	a.  item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized; and

	b.  item 30, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for the service in Indochina and Korea.  Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "yes" for Indochina.  Sample entries are as follows:

* to show service in Vietnam only – "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No"
* to show service in Indochina (other than Vietnam) only – "Indochina – Yes, Vietnam – No, Korea – No"
* to show service in Korea only – "Indochina – No, Vietnam – No, Korea – Yes"

DISCUSSION AND CONCLUSIONS:.

1.  The applicant’s DD Form 214 listed his unit as Company C, 1st Battalion, 23nd Infantry Regiment, 7th Division, APO 96207, 8th Army.  However, his SF 89 shows he listed his unit as "Company C, 1st Battalion, 32nd Infantry Regiment" and received his ETS physical at the 1st Battalion, 32nd Infantry Regiment Aid Station, Korea.  Further, the use of "23nd" vice "23rd" on his DD Form 214 clearly indicates that the numbers 2 and 3 were accidently transposed.  Therefore, his DD Form 214 should be corrected to show he was assigned to the 32nd Infantry Regiment.

2.  As a related issue, his records show he served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

3.  Item 30 of his DD Form 214 does not reflect his service in Korea; therefore, he is entitled to correction of his DD Form 214 to show the entry "Indochina – No, Vietnam – No, Korea – Yes."

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 :

* deleting the entry in item 12 of his DD Form 214 and replace it with the entry " Company C, 1st Battalion, 32nd Infantry Regiment, 7th Division, APO 96207, 8th Army"
* adding to item 24 of his DD Form the Korea Defense Service Medal
* adding to item 30 of his DD Form 214 the entry "Indochina – No, Vietnam – No, Korea – Yes."




      _______ _   __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)                                         AR20130010324





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ABCMR Record of Proceedings (cont)                                         AR20130010324



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