IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005286 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 foreign service in Korea. 2. The applicant states he served in Korea from 1965 to 1966. 3. The applicant 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's records show he enlisted in the Regular Army on 20 July 1964 and he held military occupational specialty (MOS) 71B (Clerk Typist). 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the U.S. Army Pacific (USARPAC), Korea from 1 June 1965 to 28 May 1966, a period of 11 months and 29 days. He was assigned to Headquarters and Headquarters Company, 2nd Infantry Division. 4. He was honorably released from active duty in the rank/grade of specialist five/E-5 on 19 July 1967 and he was transferred to the U.S. Army Reserve Control Group for completion of his service obligation. His DD Form 214 shows in: * Item 22c (Foreign and/or Sea Service) – zero credit * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal and Good Conduct Medal 9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214: * item 22c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. "USARV" (U.S. Army Vietnam) * item 26 shows a member's awards and decorations * item 30 is used for mandatory requirements, when a separate block is not available, and as a continuation entry 10. 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 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 served in Korea, which is located in the USARPAC area or responsibility, from 1 June 1965 to 28 May 1966, a period of 11 months and 29 days. USARPAC was a theater of operations that included various countries, including Japan, Okinawa, Thailand, Vietnam, Philippines, and others. There was no requirement to list each country individually on the DD Form 214 at the time. Item 22c of his DD Form 214 should have reflected 11 months and 29 days of foreign service in USARPAC. 2. He served in Korea from 1 June 1965 to 28 May 1966, which qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award. This will also serve to satisfy his desire to have his DD Form 214 corrected to specify that he served in Korea. 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: * deleting from item 22c the current entry and adding the entry "USARPAC 00-11-29" * adding to item 24 the Korea Defense 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) AR20150005286 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005286 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1