ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 August 2019

	DOCKET NUMBER:  AR20170014377


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in:

* Item 3a (Grade, Rate, or Rank) – captain (CPT) (O-3)
* Item 3b (Date of Rank) – 23 November 1962
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Korea Defense Service Medal (KDSM)
* National Defense Service Medal (NDSM)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* two DD Forms 149 (Application for Correction of Military Record)
* DD Form 214
* Promotion as a Reserve Commissioned Officer of the Army memorandum
* U.S. Army Reserve (USAR) Discharge memorandum
* DA Form 256A (Honorable Discharge Certificate)

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:

	a.  His DD Form 214 does not show his promotion to CPT on 23 November 1962.  He wishes to have his headstone list him as a CPT.  He had not looked at his DD Form 24 since his discharge.  His previous request of 10 May 2017 was never answered.  He and his wife are planning to be buried at the Sacramento U.S. Military Cemetery in Dixon, CA.  On 12 February 2017, his wife was diagnosed with an inoperable brain tumor with no more than 6 months to live.  When he telephoned the cemetery they stated nothing happened until a death certificate is produced.  After that they will look at his DD Form 214 and produce a marble headstone for his wife and him.  The problem is he never looked at his DD Form 214.  It shows his rank as first lieutenant (1LT).  He is enclosing a copy of his promotion to CPT on 19 November 1962 and his discharge as a CPT on 19 January 1965.

	b.  He never received the KDSM and NDSM.  He was told there is a KDSM he should be entitled.  He would also like his 10 months of service in Korea noted on his DD Form 214.

3.  The applicant provides copies of the following:

* DD Form 214, for the period from 25 November 1956 to 24 November 1958
* Promotion as a Reserve Commissioned Officer of the Army memorandum, dated 19 November 1962, showing he was promoted to CPT in the USAR, effective 23 November 1962
* USAR Discharge memorandum, dated 19 January 1965, showing his discharge from the USAR, in the rank of CPT, on 19 January 1965
* DA Form 256A, dated 19 January 1965, showing his rank as CPT

4.  Review of the applicant’s service record shows:

	a.  He was appointed in the USAR, as a second lieutenant, on 20 September 1956.  He entered active duty on 25 November 1956 and was promoted to 1LT on the same date.  

	b.  His DA Form 66 (Officer Record Brief) contains the following in:

* Item 17 (Foreign Service) – he served in the U.S. Army Far East (USAFFE) from 8 March 1957 to 23 June 1958, a period of 1 year, 3 months, and 21 days
* Item 18 (Record of Assignments) – he served in the:

* USAFFE from 18 March to 31 October 1957, a period of 7 months and 13 days 
* U.S. Army Pacific – Korea from 1 November 1957 to 12 June 1958, a period of 7 months and 11 days

	c.  He was honorably released from active duty on 24 November 1958 and was returned to a Reserve status.  His DD Form 214 shows he completed 2 years of active service.  This form also shows in:

* Item 3a – 1LT (O-3)
* Item 3b – 25 November 1956
* Item 24c (Foreign and/or Sea Service) – 1 year, 3 months, and 16 days
* Item 26 – the entry “None”

	d.  His Removal from Active Status in the USAR memorandum, dated 23 September 1964, shows he was advised of his removal from the USAR.

	e.  His USAR Discharge memorandum, dated 19 January 1965, directed his honorable discharge, in the rank of CPT, on 19 January 1965, by reason of resignation.

	f.  He received a DD Form 256A, dated 19 January 1965, honorably discharging him for USAR as a CPT.

5.  By regulations:

	a.  AR 635-5 (Separation Documents), 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.  The following items of the DD Form 214 will show:

* Item 3a – the active duty rank/pay grade at time of separation
* Item 3b – the effective date of the rank/pay grade
* Item 24c – the total active duty outside the continental limits of the United States for the period covered by the DD Form 214
* Item 26 – all awards authorized during the period of service covered by the DD Form 214 

	b.  AR 600-8-22 (Military Awards):  the 

* 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 to a date to be determined by the Secretary of Defense
* NDSM is awarded to members of USAR on short tours of duty to fulfill training obligations under an inactive duty training program.




BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the applicant was eligible for the Korean Defense Service Medal and it should be added to his DD Form 214.

However, the Board also found that the service dates in Korea were outside the qualifying period for the National Defense Service Medal; therefore, the Board recommended denying awarding and adding the NDSM to the applicant’s DD Form 214.

Additionally, because the DD Form 214 covers the active duty service period of 25 November 1956 to 24 November 1958, and the applicant didn’t get promoted to the rank of Captain until after that service period (19 November 1962), while serving in the USAR, the Board concluded that the rank currently depicted on the applicant’s DD Form 214 was correct.

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:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Korean Defense Service Medal.
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 adding the National Defense Service Medal and changing the rank of the applicant on his DD Form 214.
	 
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, prescribed the separation documents that must be prepared for Soldiers upon 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 general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  It also stated:

* Item 3a –would list the active duty rank/pay grade at time of separation
* Item 3b – would list the effective date of the rank/pay grade in item 3a

3.  AR 600-8-22 (Military Awards), in effect at the time, governed the eligibility and award authority of all awards and decorations for issued to members of the U.S. Army.  The regulation stated the:

	a.  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.  The area of eligibility encompasses all lend area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas.  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 other criteria. 

	b.  National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954 (Korea), both dates inclusive.  During the period listed for Korea, service members in the following categories will not be eligible for the NDSM.  It is awarded to members of USAR on short tours of duty to fulfill training obligations under an inactive duty training program.


ABCMR Record of Proceedings (cont)	 AR20170014377


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