BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140016704
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served in Korea and to add all authorized awards.
2. The applicant states that he served in Korea from June 1958 to July 1959. However, his DD Form 214 does not reflect that he served in Korea and does not reflect his authorized awards.
3. The applicant provides a one-page letter explaining his application and a copy of his DD Form 214.
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 1 November 1957 for a period of 3 years. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a topographic surveyor at Fort Belvoir, Virginia and was transferred to Korea on 23 May 1958 for assignment to the 64th Engineer Detachment (Survey).
3. He departed Korea on 4 June 1959 for assignment to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 31 October 1960 due to the expiration of his term of service. He had served 3 years of active service of which 1 year and 12 days were served in Korea. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Expert Marksmanship Badge with rifle and carbine bars. It also does not reflect where he served his foreign service.
4. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (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.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, stated a DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty service. It provided a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. It did not provide for entry of foreign service dates. A more recent version of this regulation, however, provided for entry of service in Korea in the remarks section.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Korea during the period 19580523 19590604. Although there was no provision for entering a Soldier's foreign service in the remarks section of the DD Form 214 at the time, there is no harm in applying more recent standards in this case by adding this service to item 32 (Remarks) of his DD Form 214.
2. The applicant served during a qualifying period for award of the KDSM. Accordingly, it should be added to his DD Form 214.
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 the KDSM to item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214
* adding the entry "Service in Korea 19580523 19590604" to item 32 of his DD Form 214
_______ _ 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) AR20140016704
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ABCMR Record of Proceedings (cont) AR20140016704
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