IN THE CASE OF:	  

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130016902 


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 add all awards and decorations to which he is entitled.

2.  The applicant states he never received any awards during his period of military service.  He was assigned to Korea in 1970.  Additionally, the letter orders discharging him from the U.S. Army Reserve (USAR) show his rank as captain (CPT).  He does not recall being promoted to CPT and wondered if he was entitled to the promotion.

3.  The applicant provides his DD Form 214 and Letter Orders Number 
01-1000159, dated 6 January 1976.

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 appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT) on 9 June 1968 and entered active duty on 8 May 1968.

3.  His DA Form 66 (Officer Qualification Record) shows he was assigned to Korea from 4 April 1970 to 21 November 1971 and awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 128, issued by Headquarters, 2nd Infantry Division, Korea promoted him to first lieutenant (1LT) with an effective date and date of rank (DOR) of 8 May 1970.

5.  He was honorably released from active duty and transferred to USAR Control Group Annual Training on 20 April 1970.  His DD Form 214 shows he completed 1 year, 11 months, and 13 days of net active service, of which 7 months and 17 days was credited as foreign service.  This form also shows in:

* item 24 (Decoration, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and the Armed Forces Expeditionary Medal
* in item 30 (Remarks) no entries referring to his service in Korea

6.  His record contains a letter, issued by the USAR Components Personnel and Administrative Center (currently the Army Human Resources Command (HRC)), on 27 March 1975 showing he was promoted to CPT with an effective date and DOR of 4 June 1974.  This letter further indicated that no acceptance or oath of office was required, and that unless he expressly declined the promotion within 60 days his promotion would become effective on 4 June 1974.

7.  Letter Orders Number 01-1000156, issued by HRC, on 6 January 1976 honorably discharged him from the USAR in the rank of CPT effective 8 January 1976.

8.  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.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The version of the regulation in effect at the time stated to indicate Indochina and Korea service on or after 5 August 1964 by entering the inclusive dates of service in Vietnam and "yes" or "no" for service in Indochina or Korea in item 30 of the DD Form 214.  Sample entries are as follows:

* To show service in Vietnam only, "Vietnam - 25 April 1970 through 28 May 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 evidence of record shows the applicant served on active duty in Korea from 4 April 1970 to 21 November 1970, a period of 7 months and 17 days.  As such, he met the criteria for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to add this badge.  

3.  The evidence of record confirms he served in Korea from 4 April 1970 to 
21 November 1970.  Therefore he is entitled to correction of his DD Form 214 to show the entry "Indochina - no, Vietnam - no, Korea – yes."

4.  The applicant was in fact promoted to the rank of CPT on 4 June 1974 and while this promotion does not require a records correction he is entitled to this rank.

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 by: 

* adding to his DD Form 214 in item 24 the Korea Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* adding to his DD Form 214 in item 30 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)                                         AR20130016902





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ABCMR Record of Proceedings (cont)                                         AR20130016902



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