IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150001694
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 (Report of Separation from Active Duty) to show his service in Korea and award of the Korean Service Medal.
2. The applicant states he served in Korea for 1 year, 1 month, and 7 days. He met the 30-day requirement for this award.
3. The applicant provides 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's records show he enlisted in the Regular Army on
14 September 1972. He held military occupational specialty 71B (Clerk Typist).
3. He served in Korea from on or about 4 August 1974 to on or about 10 September 1975. He was assigned to Headquarters and Headquarters Company, 3rd Brigade, 2nd Infantry Division.
4. He was honorably released from active duty on 11 September 1975. His
DD Form 214 shows he completed 2 years, 11 months, and 28 days of active service. It also shows in:
* Item 18f (Foreign and/or Sea Service) he completed 1 year, 7 months, and 7 days of foreign service
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Mechanic Badge
5. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.
* item 18f shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214
* item 26 shows awards and decorations
6. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
b. 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant does not meet the criteria for award of the Korean Service Medal because this medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. He did not come on active duty until 1972.
2. The evidence of record shows the applicant served in Korea from on or about 4 August 1974 to on or about 10 September 1975. This period of foreign service is captured in item 18f of his DD Form 214, which reflects his total overseas service. At the time of his service, there was no provision in the regulation to list the specific country of foreign service on the DD Form 214.
3. Nevertheless, his service in Korea qualifies him for award of the Korea Defense Service Medal (different from the Korean Service Medal).
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 to item 26 of his DD Form 214 the Korea Defense Service Medal.
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 correcting his DD Form 214 to include a specific entry showing his foreign service was in Korea or award of the Korean Service Medal.
___________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) AR20150001694
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