IN THE CASE OF: 

		BOARD DATE:	  5 August 2014

		DOCKET NUMBER:  AR20130021025 


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, in effect, his duty assignment in Korea be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 September 1969. 

2.  The applicant states:

	a.  his record of duty assignments while in Korea are missing.

	b.  DD Forms 214 for the period 29 September 1969 to 31 March 1975 are missing.

	c.  a DD Form 256A (Honorable Discharge) was provided for his discharge on 31 March 1975.

	d.  he received a DD Form 214 for the period 13 September 1966 to 
29 September 1969. 

3.  The applicant provides:

* DD Form 214 for the period ending 29 September 1969
* DA Form 8-275-3 (Clinical Record Cover Sheet)
* DD Form 256A
* Travel vouchers
* DA Form 20 (Enlisted Qualification Record)

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 
7 September 1966.  He was discharged on 12 September 1966 for enlistment in the Regular Army (RA).  

3.  He enlisted in the RA on 13 September 1966 for a period of 3 years.  He completed his training and was awarded military occupational specialty 31E (field radio repairman). 

4.  His DA Form 20 shows:

* he served in Korea from 5 June 1967 to 4 July 1968, a period of 1 year and 1 month 
* he was assigned to Company C, 4th Maintenance Battalion in Korea from 9 June 1967 to 4 July 1968
* he arrived in Germany on 28 December 1968 (service from 28 December 1968 to 29 September 1969 (his separation date) is 9 months and 2 days
* he was assigned to Headquarters and Company A, 85th Maintenance Battalion in Germany from 28 January 1969 to 29 September 1969

5.  On 29 September 1969, he was honorably discharged for immediate reenlistment.  

6.  His DD Form 214 for the period ending 29 September 1969 shows his last duty assignment and major command was Headquarters and Company A, 85th Maintenance Battalion, in Europe.  He completed 9 months and 7 days of foreign service. 



7.  He reenlisted on 30 September 1969 for a period of 4 years.  On 
17 September 1973, he was honorably discharged for immediate reenlistment.  His records contain a DD Form 214 for this period of service.

8.  He reenlisted on 18 September 1973 for a period of 4 years.  On 31 March 1975 he was honorably discharged.  His records contain a DD Form 214 for this period of service.    

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214.  There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states 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 Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment, there is no basis for granting the requested relief.  However, his DD Form 214 for the period ending 29 September 1969 shows he only completed 9 months and 7 days of foreign service.  He actually served 1 year and 1 month in Korea and 9 months and 2 days in Germany, for a total of 1 year, 10 months, and 2 days.  Item 22c (Foreign and/or Sea Service) of this DD Form 214 should be corrected.     

2.  As a related issue, he served a period of qualifying service for award of the KDSM.  Therefore, his DD Form 214 for the period ending 29 September 1969 should be corrected to show this medal.

3.  Although the applicant contends his DD Forms 214 for the period 
29 September 1969 to 31 March 1975 are missing, his military records contain a DD Form 214 covering the period 30 September 1969 through 17 September 1973 and a DD Form 214 covering the period 18 September 1973 through 
31 March 1975.  Copies will be provided to the applicant.   





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry in item 22c of his DD Form 214 for the period ending 
29 September 1969 and replacing it with the entry "1  10  2;" and

	b.  adding the KDSM to this DD Form 214. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing his duty assignment in Korea on his DD Form 214 for the period ending 29 September 1969.  




      _______ _  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)                                         AR20130021025





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ABCMR Record of Proceedings (cont)                                         AR20130021025



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