BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002900 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 BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002900 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: a.  awarding him the Army Good Conduct Medal (First Award) for the period 7 September 1965 through 6 September 1968 and b.  adding the following awards to his DD Form 214: * Army Good Conduct Medal (First Award) * 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 adding foreign service in Korea to his DD Form 214. __________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: 17 August 2017 DOCKET NUMBER: AR20160002900 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 * award of the Korea Defense Service Medal 2. The applicant states: a.  His DD Form 214 does not show his active duty status in Taegu, Korea, while he was assigned to the U.S. Army Strategic Communications Command Long Lines Signal Group, Long Lines Battalion, Korea, APO 96218. b.  He believes his temporary duty status in Korea was sufficient service for award of the Korea Defense Service Medal. 3. The applicant provides: * Congressional correspondence * two DA Forms 2962 (Security Termination Statement and Debriefing Certificate), dated 20 March 1967 and 5 August 1967 * three Standard Forms 514-C (Clinical Record – Laboratory Reports) 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 7 September 1965. 3. Item 31 (foreign service) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned in Okinawa, Japan, during the period 13 February 1966 through 12 August 1967. While in Okinawa, he was assigned to: * U.S. Army Strategic Communications Command Facility from 16 February 1966 to 20 November 1966 * U.S. Army Strategic Communications Command Long Lines Battalion from 21 November 1966 to 12 August 1967 4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his service. His records are void of documentation showing he was awarded the Army Good Conduct Medal. There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. 5. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 6. He provided, through Congressional correspondence: a.  three Standard Forms 514-C, dated 20 January 1967, 17 February 1967, and 17 March 1967, which show he was treated the 543rd General Dispensary, Taegu, Korea, b.  a DA Form 2962, dated 20 March 1967, that shows the originating headquarters as Headquarters, U.S. Army Strategic Communications Command Long Lines Battalion, Korea, APO 96218, and c.  a DA Form 2962, dated 5 August 1967, that shows the originating headquarters as U.S. Army Strategic Communications Command Signal Group – Okinawa. 7. A review of his records shows he received additional medical treatment at the 543rd General Dispensary, Taegu, Korea, on 27 January 1967. 8. The available records are void of orders assigning him to Korea. 9. On 6 September 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he completed 3 years of creditable active military service and he completed 1 year, 5 month, and 29 days of foreign service in Okinawa. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Korea Defense Service Medal is awarded to Servicemembers 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 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. Servicemembers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria: a.  Be engaged in combat during an armed engagement, regardless of the time in the area of eligibility. b.  Wounded or injured in the line of duty and requires medical evacuation from the area of eligibility. c.  While participating as a regularly assigned air crewmember flying sorties into, out of, within, or over the area of eligibility in direct support of military operations. Each day that one or more sorties are flown in accordance with these criteria will count as 1 day toward the 30- or 60-day requirement. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions stated to enter the total period of active duty service performed outside the continental limits of the United States in item 22c and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)." There were no provisions for recording temporary duty on the DD Form 214. DISCUSSION: 1. The applicant served honorably in the Regular Army during the period 7 September 1965 through 6 September 1968 for a total of 3 years of active service. 2. He received "excellent" conduct and efficiency ratings during this period with no disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal. 3. He contends he served in Korea and this foreign service is not shown on his DD Form 214. He also contends he should be awarded the Korea Defense Service Medal. 4. Although the available records do not contain orders assigning him to Korea, he provided evidence showing he was at Taegu, Korea, during the period 20 January 1967 through 20 March 1967. Additionally, he provided a DA Form 2962, dated 20 March 1967, which was originated at Headquarters, U.S. Army Strategic Communications Command Long Lines Battalion, Korea. 5. His DA Form 2962, dated 20 March 1967, shows he was in Korea for more than medical treatment and supports his contention he was in Korea on temporary duty. 6. Although the exact duration of his temporary duty in Korea cannot be confirmed, the evidence indicates he did serve a qualifying period for award of the Korea Defense Service Medal. 7. There were no provisions in effect at the time for adding the location for temporary duty to the DD Form 214. Nevertheless, his DD Form 214 accurately shows his total foreign service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002900 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002900 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2