ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 September 2019 DOCKET NUMBER: AR20170012404 APPLICANT REQUESTS: * correct his DD Form 214 (Report of Separation from Active Duty) to reflect his foreign service in Korea * add awards and decorations earned for his service in Korea APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement 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 served in Korea for one year and he noticed it was not captured on Box 19 (Indochina or Korea Service since August 5, 1964) of his DD Form 214. He stated he faxed in documentation to show he was stationed in Korea for one year, although it was not included with his application, and he believes he also earned a Korean Service Medal for his foreign service. 3. A review of the applicant’s service record shows: a. He enlisted for two years in the Regular Army on 21 September 1973. b. His DA Form 20 (Enlisted Qualification Record) indicated in the foreign service or oversea service box that the applicant served in Korea from 18 April 1974 to 17 April 1975. It also shows he received all excellence ratings for his conduct and proficiency, and was awarded the Armed Forces Expeditionary Medal, Marksman Marksmanship Qualification Badge with Auto Rifle (M16), and the Marksman Marksmanship Qualification Badge with Grenade. c. On 19 September 1975, he was released from active duty with an honorable conditions characterization of service. His DD Form 214 shows he completed 1 year, 11 months, and 29 days of active service with no foreign service annotated in Block 18(f) (Foreign and/or Sea Service This Period) or Block 19. It also shows he was awarded or authorized the National Defense Service Medal. 4. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. a. Item 18, states the record of service is the computation of basic pay and all service shown in 18(a) through (f) will be less lost time. b. Item 19, states for Vietnam service, plan an x in the “yes” block and show specific dates of service. 5. By regulation (AR 600-8-22), 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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he served in Korea; however, his DD Form 214 does not reflect his foreign service. The Board agreed to add his service in Korea with the appropriate decorations. To make his record more accurate, the Board also noted he is eligible for the award of the Army Good Conduct Medal (1st Award). His DD Form 214 should show the type of discharge certificate he was issued; however, it does not. In addition, his separation date was one day short of his two-year enlistment. 19 September 1975 was on a Friday. It appears he was provided a DD Form 214 showing the last business day, instead of showing his actual separation date, which was Saturday, 20 September 1975. 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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 21 September 1973 through 20 September 1975, and amending his DD Form 214 for the period ending 19 September 1975 by: a. changing item 9d (Effective Date) to show “79 09 20” b. changing item 9f (Type of Certificate Issued) to show “256A” c. changing items 18(a), (c), and (e) each to show “02 00 00” d. changing item 18(f) to show “01 00 00”; and e. adding the following to item 25 (Decorations): * Army Good Conduct Medal (1st Award) * Armed Forces Service Medal * Korea Defense Service Medal * Marksman Marksmanship Qualification Badge with Auto Rifle (M-16) * Marksman Marksmanship Qualification Badge with Grenade 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. 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 (AR) 635-5 (Separation Documents), in effect at the time, states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. a. Item 18, states the record of service is the computation of basic pay and all service shown in 18(a) through (f) will be less lost time.. b. Item 19, states for Vietnam service, plan an x in the “yes” block and show specific dates of service. 3. 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 have served on active duty in support of the defense of the Republic of Korea. The area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area. The period of eligibility is 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 or meet several criteria including: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170012404 4 1