IN THE CASE OF:	  

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140014964 


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 assignment to Camp Casey, Republic of Korea (ROK).

2.  The applicant states he wants his records corrected so he can prove where he was stationed in the ROK.  He contends that when he first arrived in the ROK, he was assigned to Battery C, 2nd Battalion, 76th Artillery Regiment, which was located at Camp Casey.  After his unit was deactivated, he was reassigned to Headquarters and Headquarters Battery, Division Artillery (HHB, DIVARTY), 2nd Infantry Division.  He was a radar crewman.  His unit operated a radar site from sundown to sunup watching the demilitarized zone (DMZ) for any movement by North Korea.  About 6 years ago he filed a claim for having blood sugar.  That is when he discovered his records did not show his specific assignment locations in the ROK.

3.  The applicant provides copies of:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record (Page 3 only)

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 10 September 1969, the applicant was inducted into the Army of the United States.  He completed his training as a radar crewman.

3.  The applicant's DA Form 20, as filed in his records, shows:

	a.  he departed Fort Sill, Oklahoma on 26 August 1970 for duty in the ROK;

	b.  he arrived in the ROK on or about 28 September 1970;

	c.  on 2 October 1970, he was assigned to Battery C, 2nd Battalion, 76th Artillery Regiment located at Camp Casey, ROK;

	d.  on 20 November 1970, he was reassigned to HHB, DIVARTY, 2nd Infantry Division; and

	e.  on or about 2 September 1971, he departed the ROK.

4.  On 4 September 1971, the applicant was released from active duty.  His 
DD Form 214 shows:

	a.  his last duty assignment was with HHB, DIVARTY, 2nd Infantry Division, APO 96224, Eighth Army;

	b.  his awards included the Armed Forces Expeditionary Medal (AFEM); and

	c.  his last overseas service was in United States Army Pacific (USARPAC) for a period of 11 months and 6 days.

5.  Army Regulation 600-8-22 (Military Awards):

	a.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Service in the ROK during 1970-1971 qualified for this medal.

	b.  The Korea Defense Service Medal (KDSM) was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 ROK.  The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the ROK from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

6.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the 
DD Form 214.  It stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his assignment to Camp Casey, ROK, so he can use it to prove where he was stationed in the ROK.

2.  The governing regulation does not provide for showing exact duty locations within commands located overseas.  A review of the applicant's DD Form 214 failed to show any errors or injustices.  Accordingly, his request to show he was assigned to Camp Casey should be denied.

3.  However, as a matter of equity, it would be appropriate to make the following changes/additions to his DD Form 214 in an effort to assist him with proving that he served in the ROK.

	a.  delete the entry "AFEM" and reenter it as "AFEM (Korea)"; and

	b.  add the KDSM.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  deleting from his DD Form 214 the "AFEM"; and

	b.  adding to his DD Form 214 the AFEM (Korea) and the KDSM.

2.  The Board further determined that 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 showing on his DD Form 214 that he served at Camp Casey.




      ____________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)                                         AR20140014964





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140014964



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1