BOARD DATE:  22 May 2018

		DOCKET NUMBER:  AR20160006417


BOARD DETERMINATION/RECOMMENDATION:

1.  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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 August 1966 by: 

     a.  amending block 24c (Foreign and/or Sea Service) to shows his last overseas theater was USARPAC;

     b.  amending block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show he was awarded or authorized the Korea Defense Service Medal (KDSM); and

     c.  amending block 32 (Remarks) to show the entry "Indochina – no; Korea – yes."

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 correction of his DD form 214 for the period ending 24 August 1969 to show his service in Ethiopia.

												
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:  22 May 2018

		DOCKET NUMBER:  AR20160006417


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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:  22 May 2018

		DOCKET NUMBER:  AR20160006417


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:

     a.  Correction of his DD form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 August 1966 to show his service in the Republic of Vietnam and Korea.

     b.  Correction of his DD form 214 for the period ending 24 August 1969 to show his service in Ethiopia.  

2.  The applicant states his DD Forms 214 do not accurately reflect his overseas assignments. 

3.  The applicant provides orders and two DD Forms 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 30 April 1964.

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Korea from 13 March 1965 to 18 October 1966 and in Ethiopia from 12 October 1967 to 24 August 1969.

4.  He was discharged for immediate reenlistment on 24 August 1966.  The      DD Form 214 issued to him at that time shows in item 24c (Foreign and/or Sea Service) he served 1 year 5 months and 12 days of foreign service.  The DD Form 214 does not show the last overseas theater in which he served during this period of service, and item 32 (Remarks) contains no entry regarding his service in Korea.

5.  His service record is void of evidence confirming he served in Vietnam.  

6.  He provides Letter Orders 1-11-66, issued by the 508th U.S. Army Security Agency Group (Field Army) on 15 January 1966, directing him to proceed on temporary duty (TDY) to the 8th Radio Research Unit in Vietnam (APO 96285) for approximately 30 days beginning on or about 15 January 1966.  The orders do not show that he was to be assigned or attached to another unit during the TDY period.  The purpose of the TDY was listed as "in conjunction with [U.S. Army Security Agency] activities."  

7.  He was transferred to the U.S. Army Reserve on 24 August 1969.  The DD Form 214 issued to him at that time shows in item 22c (Foreign and or Seas Service) he served 2 years and 7 days of foreign service in the Middle East, Africa, South Asia (MEAFSA) theater.  

REFERENCES:

1.  Army Regulation 635-5 (Separation Documents) governed the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 24c.  This regulation also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 with the inclusive date of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea.

2.  As a related matter, Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense.

DISCUSSION:

1.  The applicant provides orders indicating he was placed on TDY orders to the Republic of Vietnam; however, his record is void of evidence confirming his service in Vietnam.

2.  The available evidence shows he served in Korea from 13 March 1965 to      18 October 1966.  His service in Korea is not shown in the remarks section of his DD Form 214 for the period ending 24 August 1966, nor is the last overseas theater in which the service was performed (i.e., U.S. Army Pacific) recorded in item 24c.  

3.  His service in the Republic of Korea qualifies him for the KDSM.

3.  Evidence confirms he served in Ethiopia; however, this duty station falls within the MEAFSA theater of operations.  His DD Form 214 for the period ending         24 August 1969 was properly completed in reference to his service in Ethiopia.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160006417



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



ABCMR Record of Proceedings (cont)	AR20160006417



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2