BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150015821 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 BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150015821 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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 October 1973 by: a. amending block 22c (Foreign and/or Sea Service) to shows he served in the U.S. Army Pacific (USARPAC) for a period of 1 year, 7 months, and 8 days; b. amending block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded or authorized the Korea Defense Service Medal; and c. amending block 30 (Remarks) to show the entry "Vietnam – yes (26 Nov 71 – 16 Aug 72); Indochina – yes; Korea – yes." _____________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. BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150015821 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) for the period ending 25 October 1973 to show his foreign service in the Republic of Korea. 2. The applicant states he served in the Republic of Korea but his DD Form 214 doesn't show this service. 3. The applicant provides a copy of his DD Form 214 and an extract of his DA Form 20 (Personnel Qualification Record). 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 4 November 1966. He completed his initial entry training and was awarded military occupational specialty (MOS) 64B (Heavy Truck Driver). 3. The applicant served in the Republic of Vietnam from on or about 21 September 1967 through on or about 16 September 1968. He was released from active duty on 22 October 1969 and was transferred to the U.S. Army Reserve Control Group (Reinforcement) the following day. 4. The applicant reenlisted in the Regular Army on 26 October 1970. 5. The applicant's DA Form 20 shows he served in the Republic of Korea from on or about 9 January 1971 through on or about 25 November 1971. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the 55th Ordnance Company, U.S. Army Pacific (USARPAC), in the Republic of Korea, on or about 14 January 1971. a. The applicant's record contains a DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 12 July 1971, which shows he received non-judicial punishment while assigned to 55th Ordnance Company, Camp Howard, Republic of Korea. b. Special Orders Number 202, issued by Headquarters, Eighth U.S. Army (EUSA) Personnel and Administration Battalion (Provisional) on 21 July 1971, withdrew MOS 64B as the applicant's primary MOS and awarded MOS 64C (Motor Transportation Operator) as his primary MOS. This action occurred while he was assigned to 55th Ordnance Company, APO 96271. 6. The applicant's DA Form 20 shows he departed the Republic of Korea on 24 October 1971, enroute to Vietnam. His DA Form 20 shows he served in the Republic of Vietnam from on or about 26 November 1971 through on or about 16 August 1972. 7. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the 40th Ordnance Company, USARPAC, on or about 2 December 1971. A Veterans Administration Form 29-8286 (Servicemen's Group Life Insurance Election), dated 2 December 1971, shows he updated his life insurance policy while assigned to the 40th Ordnance Company, APO 96317, in the Republic of Vietnam. 8. The applicant was honorably discharged on 25 October 1973. His DD Form 214 shows in: a. Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * National Defense Service Medal (NDSM) * Armed Forces Expeditionary Medal (AFEM) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * 3 overseas service bars * 2 service stripes * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) b. Block 22c (Foreign and/or Sea Service), he served in USARPAC for 10 months and 21 days. c. Block 30 (Remarks), the entry "Vietnam – yes (26 Nov 71 – 16 Aug 72); Indochina – yes; Korea – no." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the Korea Defense Service Medal (KDSM) was authorized by Section 543, National Defense Authorization Act, 2003, PL 107–314. It is authorized for award to Service 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 area of eligibility and period of eligibility are as follows: (1) The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all airspaces above the land and water areas. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. (2) Service members who were assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 non-consecutive days, or qualified for the AFEM by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was authorized subsequently, remain eligible for both the AFEM and the KDSM. Award of the KDSM for this time period is a one-time exception to policy to comply with section 543, National Defense Authorization Act, 2003, PL 107–314. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for preparing and distributing the DD Form 214. It provided that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. a. Block 22c was used to document the total amount of active service completed outside the continental limits of the U.S. during the period covered by the DD Form 214. b. Block 30 was used as a continuation block to complete entries too long for their respective blocks. A required entry in this block at the time was, when applicable, a record of Vietnam service (yes/no with dates of service) and a record of whether a Soldier had served in Indochina or Korea (yes/no entries only). DISCUSSION: 1. The applicant requests correction of his DD Form 214 for the period ending 25 October 1973 to show his foreign service in the Republic of Korea. He contends he served in the Republic of Korea; however, his DD Form 214 says he did not. 2. The applicant served in the Republic of Korea from on or about 9 January 1971 through on or about 24 October 1971. His record shows he left the Republic of Korea on or about 24 October 1971, enroute to the Republic of Vietnam. He served in the Republic of Vietnam from on or about 26 November 1971 through on or about 16 August 1972. 3. The applicant served in USARPAC from on or about 9 January 1971 through on or about 16 August 1972, a cumulative period of 1 year, 7 months, and 8 days. His cumulative foreign service shown in block 22c of his DD Form 214 does not properly account for the foreign service he completed in the Republic of Korea. 4. Additionally, the entry in block 30 of the applicant's DD Form 214 does not properly credit him with service in Korea. 5. The applicant's service in the Republic of Korea qualifies him for the Korea Defense Service Medal, which was created many years after he was discharged and has not yet been added to his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015821 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2