IN THE CASE OF:	  

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140011286 


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 item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* 13 months and 7 days of foreign service in Korea
* 3 months and 7 days of foreign service in Germany

2.  The applicant states item 22c of his DD Form 214 contains the entry "See item 30 (Remarks)."  However, nothing is listed in item 30 in relation to his foreign service. 

3.  The applicant provides:

* DD Form 214
* Special Orders (SO) Number 117, dated 12 May 1970
* SO Number 55, dated 5 March 1970
* Congressional correspondence, dated 15 October 1968
* SO Number 69, dated 10 March 1969
* Noncommissioned Officer (NCO) Open Mess Card
* U.S. Government Motor Vehicle Operator's Identification Card
* SO Number 40, dated 23 February 1968
* SO Number 80, dated 23 March 1968



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 11 September 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 63H (Engineer Power Train Operator). 

3.  His DA Form 20 (Enlisted Qualification record) shows he served in Korea from 21 March 1968 to 20 April 1969 and Germany from 3 March 1970 to 31 August 1970, as follows: 

	a.  Following MOS training, he departed Aberdeen Proving Ground, MD, on 18 March 1968, enroute to the U.S. Army Pacific (USARPAC).  He arrived in Korea on 23 March 1968.  He was assigned to 30th Ordnance Company. 

	b.  He departed Korea on 13 April 1969 in a casual status enroute to continental United States (CONUS).  He was assigned to the 3rd Squadron, 6th Armored Cavalry Regiment, Fort Meade, MD, on 18 May 1969. 

	c.  He departed Fort Meade on 20 January 1970 in a casual status enroute to the U.S. Army Europe (USAREUR).  He arrived in Germany on 3 March 1970 and was assigned to 93rd Engineer Company, Germany, on 5 March 1970.  

	d.  He departed Germany on 12 June 1970 in a casual status enroute to CONUS.  He was assigned to U.S. Army Transfer Station, Fort Dix, NJ, on 13 June 1970 for separation outprocessing.  

4.  On 12 May 1970, Headquarters, VII Corps, published SO Number 117 ordering his reassignment to the U.S. Army Transfer Station, Fort Dix, on 13 June 1970 for separation outprocessing.

5.  He was honorably released from active duty (early release, attend school) in the rank/grade of specialist four (SP4)/E-4 on 14 June 1970.  His DD Form 214 show she completed 2 years, 9 months, and 4 days of active duty.  His DD Form 214 shows in: 

	a.  Item 22c, the entry "USAREUR, See item 30, 1-4-10" indicating he completed 1 year, 4 months, and 10 days of total foreign service and his last major command/overseas theater was USAREUR.  Item 30 would be used if additional remarks are needed.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Armed Forces Expeditionary Medal, National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Pistol Bar.

	c.  Item 30, entries pertaining to his blood type and high school level

6.  Army Regulation 635-5 (Separation Documents) establishes 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 and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  

	a.  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.  During the Vietnam War, item 22 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 or U.S. Army Vietnam).  

7.  He provides: 

* SO Number 117, issued by Headquarters, VII Corps, on 12 May 1970, reassigning him from Germany to Fort Dix, NJ, on 13 June 1970
* SO Number 55, issued by Headquarters,, VII Corps Support Command, on 5 March 1970, reassigning him to 93rd Engineer Battalion, Germany
* Congressional correspondence, dated 15 October 1968
* SO Number 69, issued by Headquarters, U.S. Army Support Command, on 10 March 1969, reassigning him to Fort Meade, MD
* NCO Open Mess Card, U.S. Army Yongsan District
* U.S. Government Motor Vehicle Operator's Identification Card, issued by the 19th General Support Command, Korea
* SO Number 40, issued by the U.S. Army Ordnance Center and School, Aberdeen Proving Ground, on dated 23 February 1968, reassigning him to Fort Lewis, WA, for movement to Korea
* SO Number 80, issued by Headquarters, 38th Replacement Battalion, on 23 March 1968, reassigning him to the 30th Ordnance Company

8.  A review of his records indicates his entitlement to additional award which are related to his service but are not listed in his records. 

9.  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.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  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.

10.  His records do not show any derogatory information, such as lost time or a court-martial conviction.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.  

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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 21 March 1968 to 20 April 1969, a period of 1 year and 1 month, and in Germany from 3 March 1970 to 12 June 1970, a period of 3 months and 10 days, for a total of 1 year, 4 months, and 10 days.  This period of foreign service is captured in item 22c of his DD Form 214 which reflects his total active duty outside the continental limits of the United States. 

2.  The regulation in effect at the time provided for an entry in item 22c of 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.  His last overseas theater was USAREUR which is also properly shown in item 22c of his DD Form 214.  

3.  There is no provision in the regulation to list the specific country of foreign service, such as Korea, in item 22c.  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.

4.  His service in Korea from 21 March 1968 to 20 April 1969 qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

5.  The evidence of record confirms he served honorably during the period 11 September 1967 through 14 June 1970.  He served in Korea and Germany, attained the rank/grade of SP4/E-4, and received "excellent" conduct and efficiency ratings throughout his period of military service.  His record does not contain any derogatory information that would have disqualified him from receiving his first award of the Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service 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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 September 1967 through 14 June 1970
* adding to his DD Form 214 the Good Conduct Medal (1st Award) and Korea Defense Service Medal 

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 or Germany.



      _______ _  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)                                         AR20140011286



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ABCMR Record of Proceedings (cont)                                         AR20140011286



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