IN THE CASE OF: BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150015235 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150015235 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 correcting his DD Form 214 by: * deleting the current entry from item 22, block c * adding to item 22, block c – * "USARPAC" * "2 Years, 0 Months, 18 Days" * adding to item 24: "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. IN THE CASE OF: BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150015235 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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct foreign service. 2. The applicant states that his DD Form 214 shows he completed 1 year and 18 days of foreign service in U.S. Army Pacific Command (USARPAC). He arrived at his overseas duty station in January or February 1968, departed in February 1970, and actually completed 2 years and 18 days of foreign service. 3. The applicant provides a copy of 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 enlisted in the Regular Army on 11 July 1967 for a period of 3 years. He was awarded military occupational specialty 95B (Military Policeman). 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 31 (Foreign Service): USARPAC – Korea, from 25 January 1968 through 24 February 1968 [sic] – * extended to 24 August 1969 * extended to 11 February 1970 * item 38 (Record of Assignments) – * casual (departed on leave), enroute to USARPAC, 23 December 1967 * 55th Military Police Company, USARPAC – Korea, from 30 January 1968 through 11 February 1970 * casual (departed unit), enroute to continental United States (CONUS), 12 February 1970 4. A DD Form 214 shows the applicant entered active duty this period on 11 July 1967, he was honorably released from active duty on 12 February 1970, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation. He had completed 2 years, 7 months, and 2 days of net/total active service this period. It also shows in: * item 12: 55th Military Police Company, Eighth Army * item 22 (Statement of Service), block c (Foreign and/or Sea Service): USARPAC; 1 year, 0 months, 18 days * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Armed Forces Expeditionary Medal * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. 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 (ROK). The area of eligibility encompasses all land area of the ROK and the contiguous water out to 12 nautical miles and all air space above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. It states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. It also contains item-by-item instructions for completing the DD Form 214. It shows for: * item 22, block c, enter total active duty outside CONUS for the period covered by the DD Form 214 and the last oversea theater service was performed (e.g., Foreign and/or Sea Service: "USARPAC") * item 26, list all decorations, service medals, campaign medals, and badges awarded or authorized DISCUSSION: 1. The evidence of record shows the applicant: * departed CONUS on 25 January 1968 * served in Korea through 11 February 1970 * arrived CONUS on 12 February 1970 a. A calculation to determine the applicant's foreign service for entry on his DD Form 214 shows the following: 1970 02 12 date arrived CONUS - 1968 01 25 date departed CONUS = 02 00 17 + 1 day inclusive = 02 00 18 total foreign service b. Item 22, block c of his DD Form 214 shows 1 year and 18 days of foreign service; however, he actually completed 2 years and 18 days of foreign service. 2. His service in the ROK qualified him for award of the Korea Defense Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015235 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015235 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2