IN THE CASE OF: BOARD DATE: 30 October 2014 DOCKET NUMBER: AR20140005152 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Korea. 2. He states the Department of Veterans Affairs will not accept him into the Agent Orange Register because his DD Form 214 does not show his service in Korea. 3. He 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 was inducted into the Army of the United States on 14 November 1968. He was honorably released from active duty on 20 June 1970 and credited with completing 1 year, 7 months and 7 days of total active service. 3. His DD Form 214 shows in: * Item 12 (Last Duty Assignment and Major Command), Headquarters and Headquarters Company, 2d Battalion, 9th Infantry Regiment, Eighth Army * Item 22c (Foreign and/or Sea Service), United States Army Pacific (USARPAC) "1 1 18" indicating 1 year, 1 month and 18 days * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Armed Forces Expeditionary Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Item 30 (Remarks) no entry concerning his service in Korea 4. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in USARPAC - Korea from 29 April 1969 to 15 June 1970. 5. Army Regulation 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DD Form 214. Section III instructed the preparer, in pertinent part, to enter the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater where service was performed, e.g., "(USARPAC)" in item 22c. There was no requirement to list the country or the dates of service in item 30. 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 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.) 7. His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his period of service. There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records. There is also no record of a commander's disqualification for the first award of the Army Good Conduct Medal (AGCM). DISCUSSION AND CONCLUSIONS: 1. The applicant's DA Form 20 shows he served in Korea from 29 April 1969 to 12 June 1970. This information is consistent with the period of foreign service listed on his DD Form 214 (1 year, 1 month and 18 days). Although not required by regulation, but as a matter of equity, it would be appropriate to show in item 30 that he served in Korea from 29 April 1969 to 15 June 1970. 2. The applicant's service in Korea from 29 April 1969 to 15 June 1970 entitles him to award of the KDSM and correction of his DD Form 214 to show this medal. 3. The evidence of record shows he received all "excellent" conduct and efficiency ratings and he had no adverse actions or a commander's disqualification for award of the AGCM. Therefore, he is entitled to the first award of the AGCM (1st Award) for the period 14 November 1968 to 20 June 1970 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 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: a. awarding him the AGCM (1st Award) for the period 14 November 1968 through 20 June 1970; b. adding to his DD Form 214 award of the AGCM (1st Award) and the KDSM; and c. adding to item 30 of his DD Form 14 the entry “Service in Korea from 29 April 1969 to 15 June 1970.” ____________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) AR20140005152 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140005152 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1