IN THE CASE OF: BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20160002198 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20160002198 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the National Defense Service Medal and the Korea Defense Service Medal. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. ___________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: 23 March 2017 DOCKET NUMBER: AR20160002198 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served in the Republic of Korea (ROK). 2. The applicant states he served in Korea from December 1962 to December 1964 and his DD Form 214 does not reflect this foreign service. He is asking this to be changed so that he can have awards and accommodations for his service in Korea. He is submitting a copy of his DD Form 214 showing that he was not awarded the Korean Service Medal or any other commendations for being on the demilitarized zone (DMZ). 3. The applicant provided 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 5 July 1962. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 5 (Foreign Service) service in Korea from 5 December 1962 through 9 January 1964. 4. His DA Form 24 (Service Record), covering the period 5 July 1962 to 4 July 1965, shows in Section 5 (Service Outside Continental United States) that he served in Korea from 12 December 1962 to 19 December 1963. 5. The applicant was honorably released from active duty on 2 July 1965 and transferred to the U.S. Army Reserve (USAR). He was issued a DD Form 214 showing he completed 2 years, 11 months, and 28 days of net active service this period. It also shows in: * item 24c (Foreign and/or Sea Service), United States Forces Korea (USFK) – 1 year, 1 month, and 3 days * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – Army Good Conduct Medal (1st Award), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Pistol Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. 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 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. c. The Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It establishes standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. The instructions shows for: a. item 24c, enter total active duty outside continental limits of the United States for the period covered and the last oversea theater service was performed (e.g., "Foreign and/or Sea Service (USFK);" and b. item 26, list all decorations, service medals, campaign medals, and badges awarded or authorized. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show his service in Korea and award of the Korean Service Medal. 2. With respect to the Korean Service Medal, the period of eligibility for the Korean Service Medal was between 27 June 1950 and 27 July 1954. He served in Korea after the period of eligibility for this award had ended. 3. The evidence of record shows the applicant departed the United States in December 1962 and he served in Korea through January 1964. Item 24c of his DD Form 214 shows his total foreign service in USFK. 4. During the period of service under review, the applicant served a qualifying period for award of the National Defense Service Medal and Korea Defense Service Medal, which are not shown on 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) AR20160002198 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002198 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2