BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150018035 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: 13 April 2017 DOCKET NUMBER: AR20150018035 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 * deleting the “X” from the “No” block in item 19 of his DD Form 214 and adding an “X” in the “Yes” block with the entry “Korea 10 January 1972 to 9 February 1973” * adding to item 26 of his DD Form 214 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. BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150018035 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 item 19 (Indochina or Korea Service Since 5 August 1964) of his DD Form 214 (Report of Separation from Active Duty) to show "Yes" instead of "No." 2. The applicant states he served in South Korea, after 5 August 1964 (January 1972 to February 1973). 3. The applicant provides his DD Form 214 and his complete Military Personnel Records Jacket. 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 19 August 1971 and held military occupational specialty 13B (Field Artillery Basic). 3. He served in Korea from 10 January 1972 to 9 February 1973 (1 year and 1 month) and in Panama from 31 March 1973 to 15 August 1974. 4. He was honorably released from active duty on 16 August 1974. His DD Form 214 shows in: * Item 19, an "X" in the "No" block indicating he did not serve in Indochina or Korea after 5 August 1964 * Item 18f (Foreign and/or Seas Service) completion of 2 years, 5 months, and 13 days * Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal and Armed Forces Expeditionary Medal (Korea) REFERENCES: 1. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. * From 1951 to 1962, item 24 of the DD Form 214 in effect at the time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 * During the Vietnam War, item 22(c) of the DD Form 214 then in effect showed the total active service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., U.S. Army Europe) * Effective 15 October 1973, item 19 of the DD Form 214, for Vietnam service, place an "X" in the "Yes" block and show specific dates of service 2. 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 from 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 for 60 nonconsecutive days. DISCUSSION: 1. The evidence of record shows the applicant served in Korea from on or about 10 January 1972 to 9 February 1973. This period of foreign service is captured in item 18c of his DD Form 214 which reflects his total active service outside the continental limits of the United States. 2. The version of the regulation in effect at the time required a "Yes" or "No" entry in item 19 of the DD Form 214 for service in Indochina or Korea after 5 August 1964. The applicant clearly served in Korea after 5 August 1964 and an "X" should have been placed in the "Yes" block in item 19 of his DD Form 214. 3. His service in Korea from 10 January 1972 to 9 February 1973 qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018035 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018035 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2