IN THE CASE OF: BOARD DATE: 18 November 2020 DOCKET NUMBER: AR20200003161 APPLICANT REQUESTS: In effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his combat service in Korea and any associated awards and decorations. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states while deployed to Korea, from approximately 16 February 1969 to 16 February 1970, he received combat pay because he managed a team north of the Imjin River and visited there several times each month to supervise their activities. Therefore, he believes that he is entitled to have that duty recognized on the DD Form 214 in the decorations section 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). He believes this was simply an administrative oversight when the DD Form 214 was issued upon his discharge. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 for the period ending 16 February 1970 will be administratively corrected without Board action to show the Korea Defense Service Medal. 4. A review of the applicant’s service records shows: a. He was commissioned in the Army Reserve on 25 January 1967. He entered active duty on 29 February 1968. b. His DA Form 66 (Officer Qualification Record) shows in: * Section 17 (Foreign Service): 26 January 1969 – 13 February 1970 service in Korea * Section 18 (Record of Assignments): he was stationed in Korea with Headquarters and Headquarters Detachment, 122d Signal Battalion c. He was honorably released from active duty on 16 February 1970. His DD Form 214 shows he completed 1 year, 11 months, and 18 days of active service this period. It also shows in block 22c (Foreign and/or sea service): 1 year and 18 days. He was awarded: * National Defense Service Medal * Armed Forces Expeditionary Medal 4. Army Regulation 635-5 (Separation Documents) the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. For Item 22c, for officer personnel, enter from item 17, DA Form 66, the total period of Foreign Service during the current tour of duty. 5. A later change to the regulation, effective 15 March 1972, required an entry in the Remarks block to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. Sample entries are as follows: * To show service in Vietnam only, "Vietnam 25 April 1970 through 28 May 1971, Indochina -yes, Korea-no." * To show service in Indochina (other than Vietnam) only, "Indochina-yes, Vietnam-no, Korea-no." * To show service in Korea only, "Indochina-no; Vietnam-no, Korea-yes." BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement, his record of service and documents provided by the applicant. Evidence in the record shows the applicant received foreign service credit for 26 January 1969 – 13 February 1970 for service in Korea. Based on governing regulation the applicant met the criteria and should be awarded the Korea Defense Service Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 ending on 16 February 1970 to show Korea Defense Service Medal. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Personnel Separations-Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. For Item 22c, for officer personnel, enter from item 17, DA Form 66, the total period of foreign service during the current tour of duty. 3. A later change to the regulation, effective 15 March 1972, required an entry in the Remarks block to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. Sample entries are as follows: * To show service in Vietnam only, "Vietnam 25 April 1970 through 28 May 1971, Indochina -yes, Korea-no." * To show service in Indochina (other than Vietnam) only, "Indochina-yes, Vietnam-no, Korea-no." * To show service in Korea only, "Indochina-no; Vietnam-no, Korea-yes." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003161 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1