ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

	BOARD DATE:       29 March 2019

	DOCKET NUMBER:  AR20170011757


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his overseas service and any medals and/or pertinent information not shown on his DD Form 214.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552)
* DD Form 214

FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (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:

* his DD Form 214 does not show he served in a foreign country
* he never received his National Defense Service Medal (NDSM) or Korea Defense Service Medal (KDSM)

3.  Service medals and awards are not issued by the ABCMR.  The applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, 1 Archives Drive, St. Louis, MO  63138.  This issue will not be discussed further in this record of proceedings.

4.  He enlisted in the Regular Army on 24 February 1964.

5.  His DA Form 20 (Enlisted Qualification Record) shows he received foreign service credit for Korea from 14 November 1964 through 23 December 1965 (a period of 1 year, 1 month, and 10 days).

6.  Special Orders Number 283, 304th Signal Battalion (Army), Korea, dated 16 December 1965, show he was reassigned to Fort Huachuca, AZ, with a reporting date of 23 December 1965.

7.  Special Orders Number 67, 509th Signal Battalion (Support), Fort Huachuca, AZ, dated 22 April 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  He was honorably released from active duty on 5 December 1966 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 2 years, 9 months, and 12 days of net active service during this period.  His DD Form 214 shows in:

	a.  item 24c (Foreign and/or Sea Service), 1 year, 1 month, and 7 days;

	b.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal and Army Good Conduct Medal;

	c.  item 32 (Remarks):

* his blood group
* his Army service number
* his Servicemembers' Group Life Insurance coverage value
* his lump sum payment for accrued leave

	d.  item 38 (Record of Assignments):  he departed U.S. Army Pacific (USARPAC) en route to the continental United States on or about 23 December 1965.

9.  His records show he received credit for foreign service in Korea for a period of 1 year, 1 month, and 10 days.  His DD Form 214 does not show this service.

10.  He served a qualifying period in Korea for award of the KDSM in accordance with Army Regulation 600-8-22 (Military Awards).  His DD Form 214 does not show this award.

11.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  This badge is not shown on his DD Form 214.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the evidence presented or found within the military service record of the applicant, the Board determined that it was sufficient to warrant a recommendation for relief. 
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 item 24c (Foreign and/or Sea Service) of his DD Form 214 to show:
* the overseas theater as "USARPAC"
* he completed 1 year, 1 month, and 10 days of foreign service

Additionally, prior to closing the case, the Board noted the administrative notes below by the analyst of record and the Board recommended those changes be completed as well to more accurately depict the military service of the applicant.
	
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):  award of the KDSM and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) were omitted from his DD Form 214.



REFERENCES:

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 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.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The KDSM 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.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The specific instructions for:

	a.  item 24c stated to enter the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater the service was performed (e.g., "USAREUR [U.S. Army Europe]" and

	b.  item 26 stated to enter decorations, etc., awarded or authorized during period covered by the DD Form 214, from or section 9 of the DA Form 24 (Service Record), omitting authorities cited therein.


ABCMR Record of Proceedings (cont)	 AR20170011757
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