ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2019 DOCKET NUMBER: AR20190005419 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the dates of his service in Korea. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders Number 3, Headquarters, U.S. Army Armor Center, Fort Knox, KY, dated 6 January 1964 * Special Orders 73, Headquarters, 1st Cavalry Regiment, Korea, dated 13 March 1964 * Unit Orders 33, Headquarters, 2d Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Korea, dated 13 March 1964 * Unit Orders Number 31, Company C, 2d Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Korea * page 3, DA Form 20 (Enlisted Qualification Record) * DD Form 214 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 was assigned to 2d Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Korea, from 14 March 1964 through 13 March 1965. 3. The applicant was inducted into the Army of the United States on 14 March 1963. 4. He provided Special Order Number 3, dated 6 January 1964, assigning him to 14th Replacement Detachment, Korea. 5. He provided Special Orders Number 73, dated 13 March 1964, reassigning him to Headquarters, 2d Battalion, 8th Cavalry Regiment, Korea, effective 14 March 1964. 6. He provided Unit Orders Number 33, dated 13 March 1964, further assigning him to Company C, 2d Battalion, 8th Cavalry Regiment, Korea. 7. He provided Unit Orders Number 31, dated 15 June 1964, appointing him to specialist four (E-4) while assigned to Company C, 2d Battalion, 8th Cavalry Regiment, Korea. 8. He provided page 3 of his DA Form 24. Section 5 (Service Outside Continental United States) shows the point of embarkation, date departed, point of debarkation, and date arrived, as: * Oakland, CA, 21 February 1964 * Inchon, Korea, 13 March 1964 * Oakland, CA, 6 March 1965 10. On 6 March 1965 he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows "USARPAC" 1 year and 16 days. 11. Army Regulation 635-5 (Separation Documents) stated to enter in item 24c (Foreign and/or Sea Service) total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed, e.g., "Foreign and/or Sea Service (USAREUR)." 12. Army Regulation 635-5, as in effect at the time, made no provision for entering the dates of foreign service on the DD Form 214 in item 24c or in item 32 (Remarks). Later versions of the regulation required an entry on the DD Form 214 documenting dates of service in areas where there were active military operations against enemy forces (e.g., Vietnam, Iraq, Afghanistan, etc.), but this requirement did not extend to service in Korea. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the records that show his assignment to Korea and reviewed the policy for inclusion of reference to foreign service on individual DD Forms 214. The Board determined that the applicant should have Korean service reflected on his DD Form 214. The Board also concurred with the administrative corrections noted below. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated below the signature, 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 the Army records of the individual concerned be corrected by amending his DD Form 214 for the period of service ending 6 March 1965 by adding “Service in Korea” in the remarks section of the corrected document. 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): The applicant is authorized awards not shown on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 6 March 1965 by adding the National Defense Service Medal and the Korea Defense Service Medal. 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 635-5 (Separation Documents) in effect at the time prescribed the separation documents that will be furnished each individual who is separated from the Army and established procedures for preparation and distribution of these documents. It stated to enter in item 24c (Foreign and/or Sea Service) total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed, e.g., "Foreign and/or Sea Service (USAREUR). Later versions of the regulation required an entry on the DD Form 214 documenting dates of service in areas where there were active military operations against enemy forces (e.g., Vietnam, Iraq, Afghanistan, etc.), but this requirement did not extend to service in Korea. ABCMR Record of Proceedings (cont) AR20190005419 4 1