ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 May 2019 DOCKET NUMBER: AR20170008985 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 4 December 1968 to show his foreign service in the Republic of Korea from April 1967 to May 1968 and correction of his DD Form 214, for the period ending 16 September 1972 to show his foreign service in Okinawa from September 1969 to September 1971. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 he has two separate enlistments in the Army and on each enlistment served an overseas assignment. The first enlistment he served in the Republic of Korea and the second enlistment he served in Okinawa. He would like his military record to accuracy reflect his service and show the locations of his overseas service. 3. The applicant was inducted into the Army of the United States on 5 December 1966. 4. The applicant's DA Form 20 (Enlisted Qualification Record), audited 27 August 1968 shows in: a. Item 31 (Foreign Service), he served in the Republic of Korea from on or about 27 June 1967 through on or about 26 July 1968, a period of 1 year and 1 month. b. Item 38 (Record of Assignments), he was assigned as a Petroleum Storage Specialist with Headquarters and Headquarters Company, U.S. Army Inchon Petroleum Depot, Republic of Korea under the United States Army Pacific Command (USARPAC). c. Item 38, he had "excellent" conduct and efficiency ratings throughout his period of military service, except for a 7 month period where he received "unknown." 5. The applicant was honorably released from active duty on 4 December 1968 by reason of expiration term of service and was transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 show in: a. Item 22b (Statement of Service - Total Active Service), he was credited with completing 2 years of total active service. b. Item 22c (Foreign and/or Sea Service), the entry "USARPAC 1 1 0" representing he completed 1 year and 1 month of foreign service in the U.S. Pacific Command. c. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 6. The applicant subsequently reenlisted in the Regular Army on 21 August 1969. 7. The applicant's DA Form 20, audited 19 August 1971 shows in: a. Item 31 (Foreign Service), he served in Okinawa from on or about 1 September 1969 through on or about 28 February 1971, a period of 1 year, 5 months, and 28 days. b. Item 38 (Record of Assignments), he was assigned as a Petroleum Storage Specialist with U.S. Army Support Company, Okinawa under the United States Army Pacific Command (USARPAC). c. Item 38, he had "excellent" conduct ratings but had a "good" efficiency rating during this period of service. 8. The applicant was honorably released from active duty on 16 September 1972 by reason of expiration term of service and was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 show in: a. Item 22a (Statement of Service – Net Service This Period), he was credited with 3 years of net service this period. b. Item 22b (Statement of Service - Total Active Service), he was credited with completing 5 years of total active service. c. Item 22c (Foreign and/or Sea Service), the entry "USARPAC 1 5 27" representing he completed 1 year, 5 months, and 27 days of foreign service in the U.S. Pacific Command. d. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar e. Item 30 (Remarks), shows he had 27 days lost from 17 September 1971 through 14 October 1971. 9. The applicant's record is void of documentation that shows he was awarded the Army Good Conduct Medal (AGCM). However, despite the absence of award orders, there is no evidence he was convicted by court-martial of violations of the Uniform Code of Military Justice, or evidence that confirms his commander contemplated or took action to deny him his initial award of the AGCM during his first period of active duty service. 10. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for 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. 11. Army Regulation 635-5 (Separation Documents), 23 January 1967, in effect at the time, stated, that the total active duty outside 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., (USAREUR) would be entered in item 22c (Foreign and or Sea Service); however, there was no provisions for adding the specific names of locations or countries in which the service was performed. Additionally, this regulation provided that, service in Indochina and Korea on or after 5 August 1964 would be indicated in item 30 (Remarks 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 .Apr 70 through 28 May 71, 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." 12. Army Regulation 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the Korea Defense Service Medal 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. BOARD DISCUSSION: 1. The Board considered the applicant’s request and the available record. The Board determined that his DD Forms 214 show foreign service in USARPAC in accordance with the policy at the time and no correction is required. The Board further noted that he met the eligibility requirements for the Korean Defense Service Medal and that it will be administratively corrected on his DD Form 214 as indicated below. 2. After reviewing the application and all supporting documents, the Board found that relief for the requested corrections was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. The Board did note that an administrative correction was warranted as indicated in the Administrative Notes below. 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. ADMINISTRATIVE NOTE(S): Administratively correct the applicant's DD Form 214 for the period ending on 4 December 1968 to add the Korea Defense Service Medal. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 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 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 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), 23 January 1967, in effect at the time, stated: a. For item 22c (Foreign and or Sea Service) enter the total active duty outside 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., (USAREUR). There was no regulatory requirement to list the foreign country by name. b. For item 30 (Remarks), 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 .Apr 70 through 28 May 71, 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." 4. Army Regulation 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the Korea Defense Service Medal 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. ABCMR Record of Proceedings (cont) AR20170008985 0 5 1