IN THE CASE OF:
BOARD DATE: 3 December 2014
DOCKET NUMBER: AR20140005683
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:
a. his foreign service, to include his service in Korea, and
b. any awards and decorations to which he may be entitled for his service in Korea and Germany.
2. The applicant states:
* his DD Form 214 does not reflect his foreign service in Korea (13 months)
* this information was omitted due to an administrative oversight
3. The applicant provides:
* DD Form 214
* photographs from a 1996 1st Battalion, 17th Infantry, booklet
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 24 August 1965 for 3 years. He served as a light weapons infantryman.
3. His DA Form 20 (Enlisted Qualification Record) shows he was credited with overseas service in:
* Korea from 29 January 1966 through 28 February 1967, a period of 1 year and 1 month
* Germany from 30 March 1967 through 16 July 1968, a period of 1 year, 3 months, and 16 days
4. He was honorably released from active duty on 23 August 1968.
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
6. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year, 3 months, and 16 days of foreign service.
7. Army Regulation 600-8-22 (Military Awards) states 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 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention his DD Form 214 does not show his foreign service in Korea appears to have merit. The evidence shows he completed 1 year, 3 months, and 16 days of foreign service in Germany which is properly reflected in item 22c of his DD Form 214. Since he also completed 1 year and 1 month of service in Korea, item 22c of his DD Form 214 should be corrected to show he completed 2 years, 4 months, and 16 days of total foreign service.
2. He served a qualifying period for award of the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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. deleting the entry in item 22c of his DD Form 214 and replacing it with the entry "2 4 16" and
b. adding to his DD Form 214 award of the Korea Defense Service Medal.
______________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) AR20140005683
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140005683
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100027513
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. The evidence of record shows the applicant completed 1 year and 27 days of foreign service in Korea and 1 year, 4 months, and 7 days of foreign service in Germany. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2008 | 20080006686
His DD Form 214, dated 21 August 1965, does not show any additional awards. The evidence shows the applicant served in Vietnam from 27 May 1966 to 26 May 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the entry "SERVICE IN KOREA FROM 19631221 - 19641222" in item 32 (Remarks), of his DD Form 214, dated 21 August 1965; b. showing the entry "SERVICE IN VIETNAM FROM 19660527 - 19670526" in item 30...
ARMY | BCMR | CY2014 | 20140011286
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. b. Army Regulation 600-8-22 (Military Awards) states that 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. Army Regulation 672-5-1 (Military Awards), in effect at...
ARMY | BCMR | CY2008 | 20080006941
The applicant requests, in effect, correction to his DD Form 214 (Report of Separation from Active Duty) to show his 9 months and 7 days service in Germany, and any award he may be eligible to receive for his service in Germany and in Korea. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal 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...
ARMY | BCMR | CY2014 | 20140004046
A DD Form 214 for this period of service (4 October 1951 to 5 January 1958) is not available for review with this case. A DD Form 214 (enlisted) for his period of service from 4 October 1951 to 5 January 1958 is not available for review with this case. As a result, the Board recommends denial of so much of the application that pertains to listing his: * service in Korea from September 1952 to September 1954 * overseas assignments in Germany, Kwajalein, and Korea * rank as sergeant first...
ARMY | BCMR | CY2012 | 20120021325
There is no evidence of record he was issued a DD Form 214 for his period of service from 6 May 1969 through 6 February 1971. Therefore, it would be appropriate to correct his DD Form 214 to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the Vietnam Service Medal from his DD Form 214 * adding the following awards to his DD Form 214 * National Defense Service Medal * Vietnam Service...
ARMY | BCMR | CY2014 | 20140002379
Application for correction of military records (with supporting documents provided, if any). 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. 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."
ARMY | BCMR | CY2014 | 20140002379
Application for correction of military records (with supporting documents provided, if any). 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. 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."
ARMY | BCMR | CY2013 | 20130002103
c. Item 24 shows he was authorized one overseas service bar; however, he served in Vietnam for three 6-month periods during this period of service. Therefore, he is entitled to correction of his DD Form 214 to show he was authorized three overseas service bars. Therefore, he is entitled to correction of this DD Form 214 to show he was authorized three overseas service bars.
ARMY | BCMR | CY2013 | 20130011344
Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Therefore, his DD Form 214 should be corrected to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry "V 26...