ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 July 2019

	DOCKET NUMBER:  AR20190004610


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to reflect service in a combat zone.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self - Authored letters 
*	Human Resources Command (HRC) Response letter
*	Army Review Boards Agency (ARBA) 
*	DD Form 214 
*	DA Form 20 (Enlisted Qualification Record) 
*	Historical information pertaining to Korea
*	Special Order #237 (Promotion Order) 

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 that he served in Alpha Company, 1/23rd of the 2nd Infantry 
Division from May 1967 through June 1968 in Korea within the Demilitarized Zone 
(DMZ).  He further states that in late 2018, he submitted a request to ARBA to have his 
DD Form 214 corrected to reflect his service in a combat zone but was redirected to 
HRC.  HRC denied his request for correction.  Lastly, the applicant states that if this 
correction is not permissible, he would like documentation stating that the area that he 
served in Korea is considered a combat zone in order to assist with his application for a 
reduction in his New York property taxes.  

3.  The applicant provides: 

*	an ARBA response letter dated 21 September 2018 advising the applicant that 
his request for correction was transferred to HRC for action 
*	an HRC response letter, dated 16 January 2019, stating that his request for the 
correction of his DD Form 214 could not be processed because the information in 
Block 22c. (Foreign and or Sea Service) is correct as initially issued
*	a DA Form 20 indicating assignment to Korea in May 1967 through June 1968
*	Special Order #237, dated 25 August 1967, indicating promotion to Specialist 
while assigned to a unit in Korea
*	a DD Form 214 indicating USARPAC within block 22c.  
*	historical information pertaining to Korea reflecting the recommendation of a 
military official, on 1 April 1968, to declare the area along the DMZ Imjin River as 
a hostile fire zone further entitling qualified service members assigned to that 
area to receive hostile-fire pay and consideration for two combat related skill 
badges (Combat Infantryman and Combat Medical badge) and the Purple Heart 
medal

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

*	13 September 1966 - inducted in the Army
*	29 April 1967 - order #119 was published transferring the applicant from Fort 
Lewis, WA to Korea with a report date of 1 May 1967
*	11 April 1968 - order #102 was published transferring the applicant from Korea to 
Fort Lewis, WA for release from active duty
*	15 June 1968 - order #167 was published releasing the applicant from active 
duty and transferring him into the Army Reserve
*	15 June 1968 - DD Form 214 was completed crediting the applicant with foreign 
service in Korea 
*	23 August 1972 - order #08-1294996 was published discharging the applicant 
from the Army Reserve effective 12 September 1972

5.  The applicant’s military records are void of, and he did not provide, any documents 
reflecting his participation in any conflicts or campaigns.

6.  The applicant’s DA Form 20 reflects:

*	the military occupational specialty of Light Weapons Infantryman (11B)
*	Block 31 (Foreign Service) indicates assignment to Korea from 1 May 1967 to   
15 June 1968
*	Block 41 (Awards and Decorations) indicates receipt of the National Defense 
Service Medal; no other awards are indicated
*	Block 39 (Campaigns) is blank
*	Block 40 (Wounds) is blank

7.  Army Regulation (AR) 635-5 (Personnel Separations) Section 3 (Instructions for 
Preparation and Distribution of the Armed Forces of the United States Report of 
Transfer or Discharge) Item 22c. (Foreign and or Sea Service) will contain the total 
active duty time served outside of the continental limits of the United States and the last 
oversea theater in which service was performed.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign 
Ribbons Awarded and Authorized) for enlisted personnel, will contain the information 
located in Section 9 (Awards and Decorations) of the DA Form 20.

9.  AR 600-8-22 (Military Awards) table B-1 (Campaigns, Service Requirements and 
Streamers) recognizes Korean War service from 27 Jun 1950 to 27 Jul 1954 and 
service on the DMZ from 4 January 1969 to 31 March 1994.

10.  AR 15-185 (Army Board for Correction of Military Records) paragraph 2-9 (Burden 
of Proof) states that the applicant has the burden of proving error or injustice by a 
preponderance of evidence.  


BOARD DISCUSSION:

1. The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered his service record and his foreign 
service, regulatory criteria for Korean War Service and service on the DMZ.  The Board 
determined that the applicant’s service fell outside those designated periods of service 
recognition.  The Board determined that the applicant is not eligible for the relief he 
requests. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief 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.
  


	  
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):

Not Applicable




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 (Personnel Separations) Section 3 (Instructions for 
Preparation and Distribution of the Armed Forces of the United States Report of 
Transfer or Discharge) Item 22c. (Foreign and or Sea Service) will contain the total 
active duty time served outside of the continental limits of the United States and the last 
oversea theater in which service was performed.

3.  AR 600-8-22 (Military Awards) table B-1 (Campaigns, Service requirements and 
streamers) recognizes Korean War service from 27 Jun 1950 to 27 Jul 1954 and service 
on the DMZ from 4 January 1969 to 31 March 1994.

4.  AR 15-185 (Army Board for Correction of Military Records) paragraph 2-9 (Burden of 
Proof) states that the applicant has the burden of proving error or injustice by a 
preponderance of evidence.

ABCMR Record of Proceedings (cont)	 AR20190004610

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