IN THE CASE OF

		BOARD DATE:	    8 July 2014

		DOCKET NUMBER:  AR20130019640 


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 reflect his service outside of the United States.

2.  The applicant states he wants his DD Form 214 updated so it accurately shows his out-of-country tours.  He served in the Republic of Korea (ROK) for 
1 year beginning in September 1963.  In early May of 1965, he was deployed to the Dominican Republic during Operation Power Pack, which was at the beginning of the revolutionary hostilities.  He spent 6 months in the Dominican Republic assisting in supplying communications on the island and to the United States.

3.  The applicant provides copies of:

* Certificate for completion of the Teletypewriter Equipment Repair Course, dated 6 September 1963
* DD Form 214
* Special Orders Number 17, Fort Bragg, NC, dated 20 January 1966
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR), dated 31 December 1968
* Letter of support from a Soldier, dated 13 October 2013



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.  On 25 January 1963, the applicant enlisted in the Regular Army and was trained as a teletypewriter equipment repairman.

3.  On 17 July 1964, the applicant was advanced to specialist four, pay 
grade E-4.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) indicates that he served in the ROK from 16 September 1963 to 30 September 1964 (1 year and 15 days) with Company A, 4th Signal Battalion.  He also was deployed to the Dominican Republic from 30 April to 13 September 1965 (4 months and 17 days) where he was attached to the 50th Signal Battalion.  There is no evidence of any disciplinary action or court-martial.  He received all “excellent” conduct and efficiency ratings during his entire period of active duty service.

5.  On 24 January 1966, the applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).  The applicant's 
DD Form 214 shows in:

* Item 24c (Foreign and/or Sea Service): 1 year and 15 days
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Letter of Appreciation
* Item 32 (Remarks): EUSA indicating service with the Eighth U.S. Army in the ROK.

6.  Army Regulation 600-8-22 (Military Awards):

	a.  The Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Table 2-2 of this regulation provides that service in the Dominican Republic from 25 April 1965 to 21 September 1966 qualified for this medal.
   
	b.  The Korea Defense Service Medal (KDSM) 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 ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  The National Defense Service Medal (NDSM) is awarded for honorable active duty service for any period between 1 January 1961 through 14 August 1974.

7.  Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that Item 24c would contain the number of years, months, and days of overseas service during the covered period.  Subsequent to the applicant's service, this regulation was amended to require an entry in the Remarks block to show deployments during the rated period.  The entry for Regular Army Soldiers is: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to enlisted Soldiers who had completed a qualifying period of active duty enlisted service.  This period is 
3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service outside of the United States.

2.  The evidence of record clearly shows that the applicant served in the ROK for a period of 1 year and 15 days during a qualifying period for award of the KDSM.  His DD Form 214 shows in Remarks that he served with the EUSA for this period of service.  Accordingly, it would be appropriate to add his medal to his DD Form 214.
3.  The evidence of record also shows the applicant was deployed to the Dominican Republic for a period of 4 months and 17 days during a qualifying period for award of the AFEM.  Therefore, this medal should be reflected on his DD Form 214.  Furthermore, it would be appropriate to enter in the Remarks block the following: SERVICE IN THE DOMINICAN REPUBLIC FROM 
19650425 - 19650921.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  The applicant served on active duty during a qualifying period for award of the NDSM.  He received an honorable characterization of service.  Therefore, his DD Form 214 should show authorization of this medal.

6.  Furthermore, Item 24c of the applicant’s DD Form 214 should be corrected to show the total of his service in the ROK (1 year and 15 days) and in the Dominican Republic (4 months and 17 days) which equals 1 year, 5 months, and 2 days.

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.  awarding him the Army Good Conduct Medal for the period 25 January 1963 to 24 January 1966;

	b.  showing in Item 24c of his DD Form 214: 1 year, 5 months and 2 days;

	c.  adding in Item 26 of his DD Form 214:

* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal (Dominican Republic)
* Korea Defense Service Medal

	d.  adding in Item 32: "SERVICE IN THE DOMINICAN REPUBLIC FROM 19650425 - 19650921."



      _______ _ 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)                                         AR20130019640





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ABCMR Record of Proceedings (cont)                                         AR20130019640



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