IN THE CASE OF:	  

		BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140012919 


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.  The applicant states, in effect, he needs his DD Form 214 updated to list his service in Korea from 1967 to 1968 in the demilitarized zone (DMZ) in order for him to receive benefits from the Department of Veterans Affairs.

3.  The applicant provides copies of the following:

* DA Form 2349 (Military Pay Voucher)
* Imjin Scout Insignia DMZ Certificate
* Special Orders (SO) Number 86
* DD Form 1351 (Travel Voucher)
* DD Form 214
* letter from Army Review Boards Agency (ARBA)

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 14 October 1966.  He was awarded military occupational specialty 11B (light weapons infantryman).  He served in Korea, U.S. Army Pacific (USARPAC), from 5 April 1967 through 5 May 1968.  

3.  He provided copies of the following:

* DA Form 2349, dated 13 October 1967, which shows he was serving with Company B, 3rd Battalion, 23rd Infantry Regiment, 2nd Infantry Division, in Korea
* Imjin Scout Insignia Certificate he received for commendable participation in operational missions along the DMZ, Korea in December 1967
* SO Number 86, issued by Headquarters, 2nd Infantry Division dated 26 March 1968, reassigning him to Fort Benning, GA, with a report date of 3 May 1968
* DD Form 1351, dated 30 April 1968, he received for an advancement of travel allowances from the Seattle-Tacoma International Airport to Fort Benning, GA

4.  He was honorably released from active duty on 11 October 1968 and was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 1 year, 11 months, and 28 days of active service.  His DD Form 214 lists in:

* Item 22c (Foreign and/or Sea Service) - 1 year, 1 month, and 1 day, USARPAC
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Item 30 - does not indicate service in Korea


5.  He also provided a copy of a letter, 23 July 2014, wherein ARBA advised him of their notification from the National Archives and Records Administration that his records were unavailable.

6.  Army Regulation 635-5 (Separation Documents, dated 23 May 1972, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation stated in:

* Item 22c - would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USARPAC"
* Item 30 (Remarks) - would indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive date of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  For service in Korea only item 30 would list the entry "Indochina - no, Vietnam - no, Korea - Yes"

7.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is awarded 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 from 28 July 1954 to a date to be determined by the Secretary of Defense for 30 consecutive or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea from 5 April 1967 through 5 May 1968 and item 22c of his DD Form 214 was annotated with the USARPAC for his last overseas theater.  In accordance with regulations in effect at the time, item 30 of the DD Form 214 would indicate Korea service on or after 5 August 1964.

2.  In view of the foregoing, he is entitled to correction of item 30 of this DD Form 214 to list the entry "Indochina - no, Vietnam - no, Korea - Yes" for his Korea service.

3.  He served a qualifying period of service for award of the Korea Defense Service Medal.  He is therefore entitled to this award 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:

* adding to his DD Form 214 the Korean Defense Service Medal
* adding to item 30 of this DD Form 214 the entry, "Indochina - no, Vietnam - no, Korea - Yes"



      __________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)                                         AR20140012919



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ABCMR Record of Proceedings (cont)                                         AR20140012919



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