IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130016182
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 the Korea Defense Service Medal (KDSM).
2. He states the medal was not created until 2004.
3. He provides his DD Form 214 and an excerpt from the Veterans of Foreign Wars publication.
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 his records were lost or destroyed in that fire. This case is being considered using the DD Form 214 provided by the applicant.
3. Records available to the Board show the applicant was inducted into the Army of the United States on 9 October 1956. He was honorably released from active duty as an overseas returnee on 30 July 1958 and credited with completing
1 year, 9 months, and 22 days of active duty service.
4. His DD Form 214 shows in:
* Item 12 (Last Duty Assignment and Major Command) "15th Administrative Company, 1st Cavalry Division, Army Post Office (APO) 24
* Item 24c (Foreign and/or Sea Service) "01 04 19;" the entry is blank concerning the last overseas theater in which the service was performed
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) "Army Good Conduct Medal"
5. Army Regulation 600-8-22 (Military Awards) states the 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation requires the preparer to enter in Item 24c the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed.
7. Information obtained from the internet provided the history of the 1st Cavalry Division. The article stated the 24th Infantry Division was reflagged and reorganized into the 1st Cavalry Division in Tonggu, Korea on 15 October 1957. The division, which included the 15th Administrative Service Company, was activated, organized, and assigned as an organic element of the division.
8. Additionally, a historical APO listing shows that APO 24 was assigned to Headquarters Company, 1st Cavalry Division, Korea.
DISCUSSION AND CONCLUSIONS:
1. The exact dates of the applicant's service in Korea are unknown; however, his DD Form 214 confirms his last unit of assignment was the 1st Cavalry Division, APO 24. Additionally, APO 24 is associated with the 1st Cavalry Division, Korea. Therefore, in the interest of equity it would be appropriate to correct his DD Form 214 to show the last overseas theater he served in was the United States Army Pacific (USARPAC).
2. Additionally, his service in Korea entitles him to award of the KDSM and correction of his DD Form 214 to show this award.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DD Form 214 by adding in:
* Item 24c "USARPAC"
* Item 26 the "KDSM"
_______ _ 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) AR20130016182
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130016182
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011120
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy: a. Paragraph 2-10 contains guidance on the National Defense Service Medal (NDSM). It states, in pert1 January 1961 and 14 August 1974inent part, that it is authorized for honorable active duty service during the period between 1 January 1961 and 14 August 1974; and b. Paragraph 2-20 contains guidance on award of the Korea...
ARMY | BCMR | CY2011 | 20110017655
The evidence of record shows the applicant served in Korea from 15 November 1958 to 29 November 1959. Although Change Number 15 to Army Regulation 635-5 which authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964 was not published until 1972, there is no harm in adding his Korea service during the period 15 November 1958 to 29 November 1959 to his DD Form 214 at this time. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2015 | 20150003820
Application for correction of military records (with supporting documents provided, if any). The applicant states that all of his overseas duty assignments are not shown on his DD Form 214. These records do not show the location of APO 25 during the applicant's service.
ARMY | BCMR | CY2011 | 20110019077
Army Regulation 600-8-22 states the National Defense Service Medal 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. The available evidence shows the applicant completed a qualifying period of service in Korea for award of the Korea Defense Service Medal and National Defense Service Medal. As a result, the Board recommends...
ARMY | BCMR | CY2011 | 20110023931
The applicant requests reconsideration of his earlier request for correction of his records to show he completed 2 months and 29 days of foreign service in Vietnam vice 1 month and 27 days. The applicant provides: * letter from the U.S. Army Administration Center, St. Louis, MO (previously submitted) * DD Form 1108 (Application for Replacement of Separation Document) (previously submitted) * mailing envelope (previously submitted) * DD Forms 2349 (Military Pay Voucher) for 1-30 June 1965...
ARMY | BCMR | CY2011 | 20110011610
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. A later revision of the regulation governing preparation of the DD Form 214 provided for recording Vietnam service in the "Remarks" section of the form. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 32 of his DD Form 214 for...
ARMY | BCMR | CY2010 | 20100029486
His DA Form 20 (Enlisted Qualification Record) shows in: * Item 29 (Foreign Service) he served in Korea from 25 June 1963 to 25 July 1964 * Item 33 (Record of Assignments) during his tour in Korea he served with the 59th Aviation Company 5. Evidence of record shows the FSM served in Korea from 21 June 1963 to 25 October 1964. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by: a. adding to item...
ARMY | BCMR | CY2008 | 20080004658
The applicant requests correction of his records to show his foreign service in Korea and in effect, award of the Korea Defense Service Medal. Item 22c (Foreign and/or Sea Service) of the applicants DD Form 214 shows he completed 1 year, 1 month, and 29 days of foreign service. With respect to correction of the applicants records to show his foreign service was in Korea, there is insufficient evidence to grant relief in this case.
ARMY | BCMR | CY2014 | 20140014830
His DA Form 24 (Service Record) shows in: * Section 4 (Chronological Record of Military Service) he received all "excellent" conduct and efficiency ratings throughout his military service * Section 9 (Medals, Decorations, and Citations), he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) * Section 10 (Remarks) the entry "ETS adjusted to March 1962 under the provisions of Public Law 87-117, dated 1 August 1961" 7. A breakdown of the DD Form 214 shows in: *...
ARMY | BCMR | CY2014 | 20140005089
The Korea Defense Service Medal 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. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...