IN THE CASE OF:
BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130017975
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 his service in Korea, the Korea Defense Service Medal, and any other awards he is authorized.
2. The applicant states he was looking into becoming a commander at the Veterans of Foreign Wars (VFW) and VFW personnel brought it up.
3. The applicant provides a DD Form 214 and two Military Pay Vouchers.
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 enlisted in the Regular Army on 15 September 1964 for a period of 3 years.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 23 March 1965 through 23 March 1966.
4. He was honorably released from active duty on 14 September 1967. His DD Form 214 shows in:
a. Item 22c (Foreign and/or Sea Service) the entry "1 0 1" indicating he served 1 year and 1 day of foreign and/or sea service. It also shows the entry "USARPAC" (U.S. Army Pacific);
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
5. 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.
6. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, provided detailed instructions for completing separation documents. It specified that item 22c of the DD Form 214 would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., USARPAC). The regulation did not provide for the country where the overseas service was performed or the specific dates of the overseas service to be identified on the DD Form 214.
7. Army Regulation 635-5 later provided that in the "Remarks" section, indicate Indochina and Korea service on or after 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. For example, to show service in Korea only, enter " Service in Korea 23 March 1965 to 23 March 1966, Indochina-no, Korea-yes."
8. Review of the applicant's available military record does not indicate he was recommended for or awarded any other personal awards or decorations.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his service in Korea and the Korea Defense Service Medal has been carefully considered.
2. The regulation in effect at the time of his separation did not provide for the identification of the country where the overseas service was performed or the specific dates of the overseas service on the DD Form 214. However, the regulation was subsequently changed to provide for such an entry. Therefore, there is no harm in facilitating the applicant's request to specify his service time in Korea as a matter of equity. Therefore, the applicant's DD Form 214 should be corrected as recommended below
3. Based on his service in Korea, he is authorized the Korea Defense Service Medal 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 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:
a. adding to item 24 of his DD Form 214 the Korea Defense Service Medal and
b adding to item 30 of his DD Form 214 the entry "Service in Korea from
23 March 1965 to 23 March 1966, Indochina-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) AR20130017975
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ABCMR Record of Proceedings (cont) AR20130017975
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