IN THE CASE OF:
BOARD DATE: 19 May 2015
DOCKET NUMBER: AR20140017458
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his duty assignment in Korea near the demilitarized zone (DMZ).
2. The applicant states:
* there is no history of his Korea service near the DMZ
* his DD Form 214 does not show his overseas duties while serving in Korea from April 1970 to January 1971 near the DMZ
* this correction will allow approval of Department of Veterans Affairs benefits
3. The applicant provides:
* DD Form 214
* pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record)
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 was inducted into the Army of the United States on 22 April 1969.
3. His DA Form 20 shows he served in military occupational specialties 76P (stock control and accounting specialist) and 71L (administrative specialist) while assigned to the U.S. Army Installation Management Command in Korea from 26 May 1970 to 15 January 1971.
4. On 21 January 1971, he was honorably released from active duty.
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Armed Forces Expeditionary Medal (Korea)
6. His DD Form 214 also shows his last duty assignment and major command as Headquarters and Headquarters Company, U.S. Army Korea Support Command (Provisional), 8th U.S. Army.
7. 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.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. There is no provision to enter any duty assignment on the DD Form 214 other than the unit of assignment upon separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his duty assignment in Korea near the DMZ.
2. The evidence of record shows:
* he was assigned to the U.S. Army Installation Management Command, Korea, from 26 May 1970 to 15 January 1971
* his last duty assignment and major command was Headquarters and Headquarters Company, U.S. Army Korea Support Command (Provisional), 8th U.S. Army, Korea
3. Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment, there is no basis for granting the requested relief.
4. As a related issue, he served a qualifying period for award of the KDSM. Therefore, his DD Form 214 should be corrected to show this medal, which will also satisfy his desire to have his DD Form 214 show he served in Korea.
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 award of the KDSM to his DD Form 214.
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 adding his duty assignment in Korea near the DMZ to 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) AR20140017458
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140017458
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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SAMR-RBR 27 May 2015
MEMORANDUM FOR RECORD
SUBJECT: AR20140017458 Record of Proceedings (ROP) - Administrative Correction
On Thursday, 27 May 2015, Team 2 identified an error in subject as above Record of Proceeding (ROP), Discussion and Conclusions section, paragraph 2, first bullet. The bullet-
"he was assigned to the U.S. Army Installation Management Command, Korea, from 26 May 1970 to 15 January 1971"
is revised to-
"he was assigned to the U.S. Army Inventory Management Center, Korea, from 26 May 1970 to 15 January 1971"
The pen and ink changes were made by the undersigned on the applicable page.
_Deputy Director, Army Board for Correction of Military Records
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