BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000587 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: 1 June 2017 DOCKET NUMBER: AR20160000587 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) to show in: * item 24c – 1 year and 13 days of foreign service * item 26 – 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. BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000587 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 overseas service in Korea from June 1958 through June 1959. 2. The applicant states he was stationed at Panmunjom, Korea, on the demilitarized zone. His DD Form 214 does not show he served in Korea. 3. The applicant 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 enlisted in the Regular Army on 6 February 1958. 3. His DA Form 24 (Service Record) shows he departed the continental United States (CONUS) on 3 July 1958. He arrived in Korea on 17 July 1958, departed on 13 July 1959, and arrived in CONUS on 25 July 1959. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the U.S. Army Support Group (Joint Security Area) in Korea from 18 July 1958 through his departure from Korea. 4. He was honorably released from active duty on 5 February 1961 and transferred him to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 issued for this period does not indicate he completed any foreign service. REFERENCES: 1. 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 establishes standardized policy for preparation of the DD Form 214. The regulation directed to enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 in item 24c. The regulation in effect at the time did not require an entry specifying the country in which overseas service was performed. 2. As a related matter, 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 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. DISCUSSION: 1. The applicant's DA Form 24 confirms he served overseas from 3 July 1958 to 25 July 1959, a period of 1 year and 13 days. However, his DD Form 214 does not show any foreign service in item 24c. 2. Based on the applicant's service in Korea, he is eligible for award of the Korea Defense Service Medal, which has not yet been added to his DD Form 214. Adding this medal to his DD Form 214 will also serve to confirm that he served in Korea. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000587 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000587 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2