IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140002379
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 Korean service.
2. The applicant states:
a. he served in Korea with the 7th Infantry Division; and
b. his Korean service was omitted from his DD Form 214 when it was issued.
3. The applicant provides no additional documents.
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's military record shows he initially enlisted in the Regular Army (RA) on 14 July 1964 and continued to serve until he was honorably discharged on 17 May 1967 for the purpose of immediate reenlistment. His DD Form 214 shows he completed 2 years, 10 months, and 4 days of creditable active duty service of which 2 years, 3 months, and 15 days was foreign service.
3. On 18 May 1967, the applicant immediately reenlisted in the RA. He held and served in military occupational specialty 63C (General Vehicle Repairman).
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the following oversea locations:
* Germany (3 February 1965 18 January 1968)
* Korea (18 February 1968 13 February 1969)
* Vietnam (21 September 1969 19 December 1970)
5. On 22 November 1970, the applicant was honorably discharged from active duty having completed a total of 6 years, 4 months, and 9 days of creditable active duty service. Item 22c (Foreign and/or Sea Service) shows he completed 2 years, 9 months, and 27 days of foreign service and item 30 (Remarks) includes an entry which shows he served in Vietnam from 21 September 1969 to 21 November 1970.
6. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that are issued to individuals who are retired, discharged or released from active duty. The regulation also contains guidance on preparation of the DD Form 214. The regulation in effect at the time of the applicants release from active duty provided for recording Indochina and Korea service in Item 30.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Korea Defense Service Medal (KDSM). It states it is authorized 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 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his Korean service should be reflected on his DD Form 214. Item 22c of his DD Form 214 for the period ending 17 November 1970 currently reflects 2 years, 9 months, and 27 days foreign service for the period it covers. This foreign service entry is derived from the applicant's 8 months and 1 day service performed in Germany from 18 May 1967 to
18 January 1968, 11 months and 26 days service performed in Korea from
18 February 1968 to 13 February 1969, and 1 year and 2 months service performed in Vietnam from 21 September 1969 to 21 November 1970. Accordingly, his service is Korea is appropriately reflected in Item 22c of his DD Form 214.
2. The evidence of record confirms that based on the applicant's service in Korea, he is entitled to the KDSM. Accordingly, this award should be added to his DD Form 214 and item 30 should be corrected to add the entry "Korea Service: 18 February 1968 13 February 1969."
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 amending his DD Form 214 for the period ending 22 November 1970 by:
* adding the Korea Defense Service Medal
* adding the entry "Korea Service: 18 February 1968 13 February 1969" in Item 30.
_____________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) AR20140002379
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ABCMR Record of Proceedings (cont) AR20140002379
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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