IN THE CASE OF:	  

		BOARD DATE:	 3 December 2014 

		DOCKET NUMBER:  AR20140005683 


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:

	a.  his foreign service, to include his service in Korea, and

	b.  any awards and decorations to which he may be entitled for his service in Korea and Germany.

2.  The applicant states:

* his DD Form 214 does not reflect his foreign service in Korea (13 months)
* this information was omitted due to an administrative oversight

3.  The applicant provides:

* DD Form 214
* photographs from a 1996 1st Battalion, 17th Infantry, booklet

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 24 August 1965 for 3 years.  He served as a light weapons infantryman.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was credited with overseas service in:

* Korea from 29 January 1966 through 28 February 1967, a period of 1 year and 1 month
* Germany from 30 March 1967 through 16 July 1968, a period of 1 year, 3 months, and 16 days

4.  He was honorably released from active duty on 23 August 1968.

5.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year, 3 months, and 16 days of foreign service.

7.  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 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 AND CONCLUSIONS:

1.  The applicant's contention his DD Form 214 does not show his foreign service in Korea appears to have merit.  The evidence shows he completed 1 year, 3 months, and 16 days of foreign service in Germany which is properly reflected in item 22c of his DD Form 214.  Since he also completed 1 year and 1 month of service in Korea, item 22c of his DD Form 214 should be corrected to show he completed 2 years, 4 months, and 16 days of total foreign service.

2.  He served a qualifying period for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

BOARD VOTE:

____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:

	a.  deleting the entry in item 22c of his DD Form 214 and replacing it with the entry "2  4  16" and

	b.  adding to his DD Form 214 award of the 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.

ABCMR Record of Proceedings (cont)                                         AR20140005683



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ABCMR Record of Proceedings (cont)                                         AR20140005683



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