IN THE CASE OF: BOARD DATE: 25 September 2012 DOCKET NUMBER: AR20120005463 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) ending on 30 June 1978 to show the correct dates of his service in Korea. 2. He states that due to a typographical error the dates of his service in Korea are listed on his DD Form 214 as 29 December 1972 through 20 February 1975. However, his correct dates are 29 December 1973 through 20 February 1975. 3. He does not provide any additional evidence. 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 21 January 1958. Through a series of reenlistment options he performed his last reenlistment on 15 May 1975 and was honorably retired on 30 June 1978. He was credited with completing 20 years and 5 days of active service of which 3 years, 1 month, and 16 days were completed during his last enlistment. 3. His 30 June 1978 DD Form 214 shows in: a. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Vietnam Service Medal with one silver and two bronze service stars * Meritorious Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal (4th Award) * Army Commendation Medal (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Armed Forces Expeditionary Medal * Meritorious Unit Commendation b. Item 27 (Remarks) shows his last overseas service as "Korea (29 December 1972 through 20 February 1975). 4. His DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 29 December 1973 through 20 February 1975. 5. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. This regulation states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 6. 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant served in Korea from 29 December 1973 through 20 February 1975. Therefore, he is entitled correction of item 27 of his DD Form 214 to show these dates. 2. Based on completion of the above service he is also entitled to award of the KDSM and correction of his DD Form 214 to show this award. BOARD VOTE: ____x___ ____x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214, dated 30 June 1978 by: a. adding to item 26 the Korea Defense Service Medal; and b. deleting from item 27 the entry "(29Dec72-20Feb75)" and adding the entry "(29Dec73-20Feb75)." ____________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) AR20120001696 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005463 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1