IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130019465
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.
2. The applicant states:
* he requested an Agent Orange Registry Health Examination at Lee County Health Care Center on 22 October 2013
* after reviewing his DD Form 214, he was told he needed proof in writing that he served in South Korea from November 1970 through December 1971
* until this information is supplied, he is not able to have the Agent Orange Health Examination
* he would appreciate any and all information to verify his service in South Korea and on the border of the demilitarized zone
3. The applicant provides:
* DD Form 214 for the period ending 24 December 1971
* Headquarters, 2d Infantry Division, Special Orders Number 14, dated 14 January 1971
* Headquarters, 7th Infantry Division, Special Orders Number 042, dated 11 February 1971
* Company C, 1st Battalion, 32d Infantry, memorandum, dated 29 November 1971, subject: Verification of Duty in Hostile Fire Zone
* Headquarters, 2d Infantry Division, Special Orders Number 325, dated 30 November 1971
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 1 June 1970. He completed training as a light weapons infantryman.
3. He arrived in Korea on or about 17 November 1970 and he was assigned to Company B, 2d Battalion, 38th Infantry Regiment, 2d Infantry Division. The applicant departed Korea en route to the United States on 23 December 1971.
4. On 24 December 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year, 1 month, and 7 days of foreign service under U.S. Army Pacific.
5. Item 30 (Remarks) of his DD Form 214 contains the entry "VN SERVICE: NONE."
6. Army Regulation 600-8-22 (Military Awards) provides for award of the Korea Defense Service Medal (KDSM). It 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 from 28 July 1954 through a future date to be determined by the Secretary of Defense.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. This regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. This regulation also required that service performed on or after 5 August 1964 in Indochina and Korea would be in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were noted and his supporting evidence was considered.
2. The available evidence shows he served in Korea from 17 November 1970 through 23 December 1971. His service in Korea should be shown on his DD Form 214. Furthermore, it would be appropriate to add award of the KDSM as further evidence of this foreign service.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
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:
a. adding award of the KDSM to his DD Form 214 and
b. adding the statement "SERVICE IN KOREA: YES" to item 30 of his DD Form 214.
_____________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) AR20130019465
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ABCMR Record of Proceedings (cont) AR20130019465
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