IN THE CASE OF:	   

		BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130012303 


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 (Report of Separation from the Armed Forces of the United States) to show his overseas service in Korea and to show he completed training as a wheeled vehicle mechanic.  

2.  He states his DD Form 214 does not reflect his time in Korea nor does it show he had any service training or courses.  

3.  He provides his DD Form 214, a Certificate of Training, an Army Forces Far East and Eighth United States Army Thanksgiving Menu, a letter addressed to his spouse, and U.S. Government Operator's Permit.

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's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active service on 13 April 1955.  He completed training and he was awarded specialty number 631.10 (Wheeled Vehicle Mechanic).

4.  He was honorably discharged on 14 April 1956.  The DD Form 214 he was issued at the time shows in:

	a.  item 26 (Foreign and/or Sea Service) he completed 5 months and 11 days of foreign service;

	b.  item 30 (Service Schools or Colleges, College Training, Courses and/or 
Post-Graduate Courses Successfully Completed) he completed 8 weeks of training in the Wheeled Vehicle Mechanics Course at the 6th Infantry Division.  

	c.  item 31 (Other Service Training Courses Successfully Completed) the entry "None."

5.  He provided the following documents:

	a.  A Certificate of Training, dated 2 September 1955, he completed the Wheeled Vehicle Mechanics Course given at the 51st Field Artillery Battalion, 6th Infantry Division, Fort Ord, CA.

	b.  A Thanksgiving Menu from the Army Forces Far East and Eighth United States Army in Korea, 1955.  

	c.  A letter, dated 6 February 1956, from the Chaplain, Tokyo Army Hospital, wherein the chaplain at the hospital informed the applicant's spouse that he was given an opportunity to participate in Catholic practices and was given the very best of medical care.

	d.  A U.S. Government Operator's Permit, issued on 24 December 1955, he was issued from the Army Forces Far East, 8226th Army Unit, APO 59 (Pusan, Korea) which shows he was qualified to operate four different vehicles.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version in effect at the time did not provide for identifying a Soldier's specific overseas location.  However, it stated for:

	a.  item 30, enter service schools, including dates and major courses that were successfully completed.  This entry also includes military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared.

	b.  item 31, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared.

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

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record appears to show the applicant was in Korea from Thanksgiving 1955 through at least 24 December 1955, when he received a U.S. Government Operator's Permit issued by a unit in Korea.  However, there is no evidence of record and the applicant did not provide any evidence that confirms when he arrived in Korea or departed his assignment in Korea.  

2.  Although his DD Form 214 indicates he completed 5 months and 11 days of foreign service, the regulation in effect at the time did not provide guidance to enter the theater in which the overseas service was performed on the DD Form 214.  

3.  Nevertheless, it appears the applicant met the eligibility criteria for award of the Korea Defense Service Medal.  Although Army regulations in effect at the time did not provide for recording the country in which foreign service was performed on the DD Form 214, the award of the Korea Defense Service Medal will serve as sufficient evidence to show he served in Korea.

4.  The applicant provided evidence that shows he completed the Wheeled Vehicle Mechanics Course and this course is properly recorded in item 30 of his DD Form 214.  

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 adding the Korea Defense Service Medal 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 correction of his DD Form 214 to show his overseas 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)                                         AR20130012303





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012303



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1