ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  17 October 2019

	DOCKET NUMBER:  AR20180009286


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show he served in the Demilitarized Zone 
(DMZ) in Korea.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	applicant self-authored letter 
*	exhibit C, DA Form 4730 (Certificate for Performance of Hazardous Duty)
*	exhibit B, applicant letter to the Army Review Board Agency (ARBA)

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 (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 he wrote to the Department of the Army in connection with his 
claim to establish a service connected disability from exposure to agent orange while 
stationed in Korea.  In order for him to prove his claim he must provide some type of 
evidence that he was stationed in or near the DMZ.  He vividly remembers that this 
special pay was awarded to service members that were in the Korean DMZ, however 
the Department of Veterans Affairs (VA) has not accepted his DA Form 4730 as 
evidence to support his claim.

3.  The applicant provides:

	a.  Exhibit C - DA Form 4730, dated July 1970, shows the applicant was authorized 
a credit of additional hostile fire pay for June 5, 8, 17, and 23 1970.

	b.  Exhibit B - applicant letter to ARBA, dated 9 January 2018.  He is aware that he 
has a claim for benefits with the VA and have been working on his claim for up to 12 
years.  Many of his military records either have been lost or destroyed contributing to 
the extensive delay in his claims processing.  His critical issue is that he needs to 
present to the VA is evidence that he provided duty or service in the DMZ while 
stationed in Korea, for at least one day.

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 29 April 1968 and he held military 
occupational specialty (MOS) 62B (Engineer Equipment Repairer).

	b.  Following completion of MOS training and service at Fort McClellan, AL, he 
served in Korea from 28 April 1969 to 1 December 1970.  He was assigned to Bravo 
Company, 76th Engineer Battalion, U.S. Army Pacific (USARPAC). 

5.  He was honorably released from active duty on 3 December 1970 and was 
transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, MO to 
complete his Reserve obligation of 28 April 1974.  He completed 2 years, 7 months, and 
5 days of net service.  His DD Form 214 shows in:

*	Item 22c (Foreign and/or Sea Service) 1 year, 7 months, and 24 days
*	Item 24 (Decorations Medal, Badges, Citations and Campaign Ribbons Awarded 
or Authorized):

*	National Defense Service Medal
*	Marksman Marksmanship Qualification Badge (M-14)
*	Armed Forces Expeditionary Medal
*	Army Good Conduct Medal (1st Award)

6.  By regulation, (AR) 635-5 (Separation Documents) establishes the standardized 
policy for preparing and distributing the DD Form 214.  The purpose of the separation 
document is to provide the individual with documentary evidence of his or her military 
service.  Chapter 2 of the regulation in effect at the time contained guidance on the 
preparation of the DD Form 214.  It stated that for item 22c, enter the total amount of 
active duty outside the continental limits of the U.S. for the period covered by the DD 
Form 214 and the last overseas theater service was performed.  

7.  By regulation, AR 600-8-22 (Military Awards), the Korea Defense Service Medal is 
authorized for award to members of the Armed Forces of the U.S. who have served on 
active duty in support of the defense of the Republic of Korea, from July 1954 to a date 
to be determined.

?
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
warranted.  He has a certificate confirming receipt of hazardous duty.  In 1970, there 
was not a hostile fire area other than Korea.  While there is no provision to list the DMZ 
on the DD Form 214, the Board found no objection to listing his service in the DMZ in 
the Remarks block of his DD Form 214.

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 his DD Form 
214 to show in the Remarks Block, the entry "served at the DMZ, Korea." 

	  
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 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) establishes the standardized 
policy for preparing and distributing the DD Form 214.  The purpose of the separation 
document is to provide the individual with documentary evidence of his or her military 
service.  Chapter 2 of the regulation in effect at the time contained guidance on the 
preparation of the DD Form 214.  It stated that for item 22c, enter the total amount of 
active duty outside the continental limits of the U.S. for the period covered by the DD 
Form 214 and the last overseas theater service was performed, e.g. USAREUR (U.S. 
Army Europe), USARPAC, etc.  Furthermore, item 30 (Remarks) is used for Department 
of the Army mandatory requirements when a separate block is not available and as a 
continuation entry.

3.  Army Regulation 600-8-22 (Military Awards), in effect at the time, 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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	AR20180009286
	
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