IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140005152
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.
2. He states the Department of Veterans Affairs will not accept him into the Agent Orange Register because his DD Form 214 does not show his service in Korea.
3. He provides his DD Form 214.
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
14 November 1968. He was honorably released from active duty on 20 June 1970 and credited with completing 1 year, 7 months and 7 days of total active service.
3. His DD Form 214 shows in:
* Item 12 (Last Duty Assignment and Major Command), Headquarters and Headquarters Company, 2d Battalion, 9th Infantry Regiment, Eighth Army
* Item 22c (Foreign and/or Sea Service), United States Army Pacific (USARPAC) "1 1 18" indicating 1 year, 1 month and 18 days
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Item 30 (Remarks) no entry concerning his service in Korea
4. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in USARPAC - Korea from 29 April 1969 to 15 June 1970.
5. Army Regulation 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DD Form 214. Section III instructed the preparer, in pertinent part, to enter the total active duty outside continental limits of the United States for the period covered by the
DD Form 214 and the last oversea theater where service was performed, e.g., "(USARPAC)" in item 22c. There was no requirement to list the country or the dates of service in item 30.
6. 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.)
7. His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his period of service. There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records. There is also no record of a commander's disqualification for the first award of the Army Good Conduct Medal (AGCM).
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 shows he served in Korea from 29 April 1969 to
12 June 1970. This information is consistent with the period of foreign service listed on his DD Form 214 (1 year, 1 month and 18 days). Although not required by regulation, but as a matter of equity, it would be appropriate to show in item 30 that he served in Korea from 29 April 1969 to 15 June 1970.
2. The applicant's service in Korea from 29 April 1969 to 15 June 1970 entitles him to award of the KDSM and correction of his DD Form 214 to show this medal.
3. The evidence of record shows he received all "excellent" conduct and efficiency ratings and he had no adverse actions or a commander's disqualification for award of the AGCM. Therefore, he is entitled to the first award of the AGCM (1st Award) for the period 14 November 1968 to 20 June 1970 and correction of his DD Form 214 to show this award.
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 AGCM (1st Award) for the period 14 November 1968 through 20 June 1970;
b. adding to his DD Form 214 award of the AGCM (1st Award) and the KDSM; and
c. adding to item 30 of his DD Form 14 the entry Service in Korea from
29 April 1969 to 15 June 1970.
____________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) AR20140005152
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140005152
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100019696
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 the Republic of Vietnam from * 2nd award of the Army Good Conduct Medal (AGCM) 2. The evidence of record shows the applicant completed a qualifying period of service in the Republic of Korea from 4 August 1970 through 3 September 1971 for award of the KDSM. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090013717
Application for correction of military records (with supporting documents provided, if any). Counsel requests correction of the applicant's DD Form 214 to show award of the Combat Infantryman Badge (CIB), Korea Defense Service Medal (KDSM), Imjin Scout patch, and his service in the U.S. Army, Pacific (USARPAC), Republic of Korea (ROK). The applicant, through counsel, requested correction of his records to show award of the CIB.
ARMY | BCMR | CY2011 | 20110022560
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korea Defense Service Medal (KDSM) and the Armed Forces Expeditionary Medal (AFEM). Evidence of record shows the applicant completed a qualifying period of service in Korea for the Korea Defense Service Medal. 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 | BCMR | CY2009 | 20090011799
The applicant provides his DD Form 214 in support of his application. Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 22c the entry "Foreign and/or Sea Service (USARPAC-RVN)"; b. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; c. adding to item 24 of his DD Form 214 the Armed Forces...
ARMY | BCMR | CY2014 | 20140012501
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 * the "Imjin Scout Medal" * his expiration term of service occurred at Fort Lewis, WA 2. 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...
ARMY | BCMR | CY2011 | 20110011881
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant's third tour in the Republic of Vietnam is not properly documented on his separation DD Form 214 for the period ending 14 December 1971; therefore, it would be appropriate to correct his DD Form 214 to show this foreign service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2012 | 20120003891
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 26 January 1970 through 19 January 1973 to show he served in Vietnam. Army Regulation 635-5, dated 23 January 1967, (and subsequent changes or amendments) in effect at the time of the applicant's separation in July 1969 stated: * In item 22c, for enlisted personnel show the total active duty outside the continental limits of the United States for the period...
ARMY | BCMR | CY2008 | 20080014284
The applicant states, in effect, that he was born in Middlebury, Vermont, not Middleburg; that the entry "USARPAC" [U.S. Army Pacific Command] in item 22c on his DD Form 214 should be Korea; and that he is eligible for the Korea Defense Service Medal (KDSM). 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...
ARMY | BCMR | CY2008 | 20080011086
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 22 July 1971 to show award of the Korea Defense Service Medal (KDSM). Although the applicant requested that his DD Form 214 for the period ending 22 July 1971 be corrected to show the KDSM, since the KDSM was not authorized until recently, it would be appropriate to correct his final DD Form 214 for the period ending 9 July 1991 to show this award. As a result, the Board recommends...
ARMY | BCMR | CY2012 | 20120009096
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. Since his inclusive dates of service in Korea are not available, there is insufficient evidence on which to amend the entry in item 22c of his DD Form 214 but item 30 should be corrected to show he served in Korea. However, there is no evidence...