IN THE CASE OF:  	  

		BOARD DATE:  18 November 2014	  

		DOCKET NUMBER:  AR20140005089 


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 foreign service in Korea and associated awards and decorations.

2.  The applicant states he served in Korea at the Demilitarized Zone (DMZ) with the 1st Battalion, 38th Infantry Regiment, 2nd Infantry Division, from 20 October 1967 to 27 September 1968.  He has been an active veteran for 30 years but now the Veterans of Foreign Wars (VFW) says he does not qualify. 

3.  The applicant provides:

* DD Form 214
* Multiple correspondence from the VFW
* DD Form 47 (Record of Induction)
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's records show he enlisted in the Regular Army on 5 October 1966 and he held military occupational specialty 76Y (Unit Supply Specialist).  His DA Form 20 shows he served in Korea, U.S. Army Pacific (USARPAC) from on or about 25 November 1967 to on or about 27 September 1968. 

3.  He was honorably released from active duty on 27 September 1968 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

4.  His DD Form 214 shows he completed 1 year, 11 months, and 23 days of creditable active service and he had no time lost.  Additionally: 

* Item 24c (Foreign and/or Sea Service) shows he completed 10 months and 3 days of foreign service in USARPAC
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  From 1951 to 1962, item 24 of the DD Form 214 in effect at the time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, item 22(c) of the DD Form 214 then in effect showed 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 service was performed (e.g., U.S. Army Europe). 

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

	a.  The Korea Defense Service Medal 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.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.
	b.  The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  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.  Qualifying service for this award includes participation in Korea from 1 October 1966 to 30 June 1974.

7.  A review of his service record shows he received no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 evidence of record shows the applicant served in Korea from on or about 25 November 1967 to on or about 27 September 1968.  This period of foreign service is captured in item 24c of his DD Form 214 which reflects his total active duty outside the continental limits of the United States with the major overseas command/theater (USARPAC).  There is no provision in the regulation to list the specific country of foreign service in item 24c.

2.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  Nevertheless, the applicant may use this Record of Proceedings to confirm his foreign service in Korea.

3.  His service in Korea from on or about 25 November 1967 to on or about 27 September 1968 qualifies him for awards of the Korea Defense Service Medal and Armed Forces Expeditionary Medal (Korea) and correction of his DD Form 214 to show these awards. 

4.  He served honorably from 5 October 1966 through 27 September 1968, thus completing 1 year, 11 months, and 23 days of honorable service.  He served in Korea, attained the rank/grade of SP4/E-4, and he received all "excellent" conduct and efficiency ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 5 October 1966 through 27 September 1968
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal 
* Armed Forces Expeditionary Medal (Korea)

2.  The Board further determined 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 correcting his DD Form 214 to include a specific entry showing that his foreign service was served in Korea.



      ___________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)                                         AR20140005089





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ABCMR Record of Proceedings (cont)                                         AR20140005089



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