IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140007078
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 his service in South Korea be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his service in South Korea was omitted from his
DD Form 214.
3. The applicant provides his DD Form 214, three pages of his DA Form 20 (Enlisted Qualification Record), DD Form 215 (Correction to DD Form 214), and a certificate showing his service in South Korea.
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. On 7 March 1970, the applicant enlisted in the Regular Army.
3. Item 31 (Foreign Service) of his DA Form 20 shows he served in Korea from 16 January 1968 through 15 February 1969.
4. On 7 March 1970, he was honorably released from active duty. His
DD Form 214 shows in item 22c (Foreign and/or Sea Service) that he served in the U.S. Army Pacific for 2 years, 1 month, and 21 days.
5. Army Regulation 600-8-22 (Military Awards) states the KDSM 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.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the
DD Form 214. 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 was to be entered in Item 22c.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant served in Korea for over one year.
2. Based on his service in Korea, he is authorized award of the KDSM and his DD Form 214 should be corrected to show this award.
3. There is no error in the absence of an entry on the applicable DD Form 214 showing his periods of service in Korea. At the time, there was no authority for entering the specific locations of his foreign service on the DD Form 214 and there is no basis for doing so now. His foreign service in Korea is properly entered in item 22c of the applicable DD Form 214. He should note that correction of his DD Form 214 to show the KDSM will partially satisfy his desire for an entry showing where he served overseas.
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 adding to his DD Form 214 the KDSM.
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 an entry on his DD Form 214 showing his specific period of service 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) AR20140007078
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ABCMR Record of Proceedings (cont) AR20140007078
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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