IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130021398
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Korea. In a second application, he requests copies of all files and records, both personnel and medical reflecting his service at Fort Dix, New Jersey.
2. The applicant states his current DD Form 214 does not display exactly where he served his overseas duty. He states as a current member of the Veterans of Foreign Wars, he was instructed to obtain a copy of a DD Form 215 (Correction to DD Form 214) to prove his eligibility for that organization.
3. The applicant provides no additional evidence.
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 requests copies of his personnel and medical records. The ABCMR is not the custodian of his Official Military Personnel File. Requests for copies of records should be forwarded to the appropriate agency for response. Attached to this ABCMR Record of Proceedings for his information and use is a Standard Form 180 (Request Pertaining to Military Records) which should be completed and forwarded to the highlighted address on the reverse side of the form. There will be no further reference pertaining to copies of his records made in these proceedings.
3. The applicant enlisted in the Regular Army on 8 April 1964. He completed training as a light vehicle driver.
4. He arrived in Korea on 6 October 1964 and he was assigned to Company B, 15th Supply and Transportation Battalion. The applicant departed Korea en-route to the United States on 22 October 1965.
5. On 20 January 1967, the applicant was discharged under honorable conditions (general). Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he had 1 year and 16 days of foreign service. However, it does not show his last overseas theater.
6. Item 30 (Remarks) of his DD Form 214 contains no entry regarding his service in Korea.
7. 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 have 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.
8. Army Regulation 635-5 (Personnel Separation) governed the preparation of the DD Form 214. The regulation in effect at the time provided that the total active duty 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 on or after 5 August 1964 in Indochina and Korea be shown in item 30 with the inclusive dated of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. The available evidence shows that he served in Korea from 6 October 1964 through 22 October 1965. His service in Korea should be shown on his DD Form 214. Furthermore, it would be appropriate to add 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 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 the Korea Defense Service Medal to his DD Form 214;
b. amending item 22c of his DD Form 214 to add the entry USARPAC; and
c. amending item 30 of his DD Form 214 by adding the statement "SERVICE IN 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) AR20130021398
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ABCMR Record of Proceedings (cont) AR20130021398
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