IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140005628
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 an amendment of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Korea and all awards he may qualify to receive.
2. The applicant states he served in Korea in 1962. He has been selected for an office with the Veterans of Foreign Wars in Ohio and needs documentation showing overseas service.
3. The applicant provides a DD Form 214, DA Form 669 (Army Continuing Education System Record), and a USAFI-J Form T-48 (United States Armed Forces Institute, Japan-Military Test Report).
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 enlisted in the Regular Army on 26 June 1961. His records show he completed basic combat and advanced individual training. He was awarded military occupational specialty 293.10 (Radio Relay and Carrier Operator). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3. Section 4 (Chronological Record of Military Service) of DA Form 24 (Service Record) shows the applicant had consecutive overseas tours, first in Korea from 14 December 1961 through 14 December 1962 and then in France from
27 February 1963 through 21 June 1964.
4. Section 9 (Medals, Decorations, and Citations) of his DA Form 24 only shows the Expert Marksmanship Qualification Badge for the M-1 Rifle and the Sharpshooter Marksmanship Qualification Badge for the M-14 Rifle.
5. The applicant provides:
a. A DA Form 669 with item 5 (Military Address) as the 269th Signal Company, APO 58. Item 10 (Date and Place this Form Initiated) shows "AEC" Camp Humphreys, APO 71.
b. A USAFI-J Form T-48 addressed to the Army Education Center, Camp Humphreys, USA SAC, APO 71 showing the applicant's education test scores.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), dated 13 August 1963, provides instructions for completion of the DD Form 214. The regulation requires the entry of the total active duty time outside the continental limits of the United States, with the last location reflected where overseas service was performed. In the example, it shows, "Foreign and/or Sea Service (USAREUR)."
7. Army Regulation 600-8-22 (Military Awards) states:
* the National Defense Service Medal (NDSM) is awarded for honorable active service between 1 January 1961 and 14 August 1974
* the Korea Defense Service Medal (KDSM) is awarded 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 during the period 28 July 1954 to a date to be determined by the Secretary of Defense
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant was stationed in Korea. Additionally, the period of foreign service shown on the DD Form 214 aligns with the total overseas service performed by the applicant.
2. There is no regulatory requirement to distinguish where overseas service was performed other than to identify the last location served. However, as a matter of equity, the applicant's service in Korea should be added to item 32 (Remarks) of his DD Form 214.
3. The applicant has qualifying service for awards of both the NDSM and KDSM.
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 by:
a. Adding the National Defense Service Medal and the Korea Defense Service Medal and
b. Adding to item 32 his overseas service performed in Korea during the period 14 December 1961 through 14 December 1962.
_______ _ __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) AR20140005628
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ABCMR Record of Proceedings (cont) AR20140005628
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