IN THE CASE OF:	  

		BOARD DATE:	 1 September 2015 

		DOCKET NUMBER:  AR20150000247 


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 the Korea Defense Service Medal.

2.  The applicant states, in effect:

* he served in Korea before going to Vietnam
* he arrived in Korea in September 1965 and then volunteered to serve in Vietnam
* he received orders to report directly from Korea to Vietnam with a reporting date of 31 August 1966
* he received his orders on 28 August 1966 and had just 3 days to clear post and travel
* he did not receive the Korea Defense Service Medal and believes it was an oversight resulting from his short-notice permanent change of station
* he requests his DD Form 214 be corrected to show this award

3.  The applicant provides:

* DD Form 214
* Special Orders (SO) Number 6, dated 11 January 1966, issued by Headquarters, 76th Engineer Battalion Construction, Army Post Office (APO) San Francisco (SF) 96276


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 complete military records are not available for review.  He provides a DD Form 214, however, which is sufficient to consider his case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 1 July 1965.  At the time of his separation he held military occupational specialty 52F (Electrician) and was assigned to Company B, 575th Engineer Battalion (Construction), Third U.S. Army.

4.  He was honorably released from active duty on 17 July 1968.  

   a.  His DD Form 214 shows he completed 3 years of net active service during this period and 1 year, 2 months, and 9 days of other active service.  He is also shown to have had 17 days of lost time and 1 year, 9 months, and 12 days of foreign and/or sea service.  No specific dates or locations for the foreign service are provided.  
   
  b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* one overseas service bar

   c.  Item 30 (Remarks) shows he received a reenlistment bonus for his first reenlistment.
5.  The applicant provides SO Number 6, dated 11 January 1966, issued by Headquarters, 76th Engineer Battalion Construction, showing he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

   a.  The date of 15 November 1965 is shown as the date the applicant qualified on the weapon.  
   
b.  The APO shown for this unit is 96276.

6.  The historical APO file shows APO SF 96276 was assigned to Kimpo Air Base, Korea as of 1 January 1965.

7.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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 Republic of Korea.  

	a.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

	b.  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 or meet several criteria including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the correction of his DD Form 214 for the period ending 17 July 1968 to show the award of the Korea Defense Service Medal.  While his military records are not available, he provides orders showing he qualified on the M-14 rifle on 15 November 1965 while assigned to the 76th Engineer Battalion.  The APO shown on the order for this unit is APO SF 96276.  According to the historical APO file, this number was assigned to Kimpo Air Base in Korea. 

2.  Army Regulation 600-8-22 states to qualify for the Korea Defense Service Medal the recipient must have served in Korea for 30 consecutive days, or a total of 60 nonconsecutive days after 28 July 1954.  Based on the date of the SO and the date he qualified on the M-14 rifle, in conjunction with his length of foreign service, it is reasonable to assume he served the stated period in Korea.  Therefore, his DD Form 214 should be corrected to show the Korea Defense Service Medal.  

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 Korea Defense Service Medal to his DD Form 214 for the period ending 17 July 1968.




      _______ _   _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)                                         AR20150000247





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ABCMR Record of Proceedings (cont)                                         AR20150000247



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