ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2019 DOCKET NUMBER: AR20190008810 APPLICANT REQUESTS: * foreign service credit from 3 October 1962 through 30 September 1963 (Korea) * issuance of the Korean Defense Service Medal (KDSM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Order# 248 * Letter of Appreciation * DA Form 137 (Installation Clearance Record) 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 his current DD Form 214 (Armed Forces of the united States Certificate of Release or Discharge) does not reflect the time that he spent in Korea (2 October 1962 through 30 September 1963). Correction of this information should result in the applicant’s eligibility to receive the KDSM. 3. The applicant provides: * Special Order# dated 21 September 1963 – reflective of his assignment to the 7th Replacement Detachment on or about 28 September 1963 with further transportation to Incheon Korea on or about 29 September 1963 * Letter of Appreciation dated 27 September 1963 – reflective of his recognition while serving as a parts clerk for the 7th Supply and Transportation Battalion from 3 October 1962 through 30 September 1963 * DA Form 137 dated 17 September 1963 – reflective of his installation clearance completion from Camp Casey, Korea 4. A review of the applicant’s service records indicates the following on: * 25 September 1962 (Order#) – he was reassigned to 7th Administration Company (Replacement) of the 7th Infantry Division in Korea with a 1 October 1962 on or about assignment date * 1 October 1962 (Order#) – he was reassigned to the 7th Quartermaster Company with a 4 October 1962 on or about assignment date * 30 September 1963 (Order#) – he was reassigned to 2nd Transportation Company in Incheon, Korea awaiting transportation back to the continental United States * 16 October 1963 – he arrived back in the United States from Korea * 2 April 1965 – he was released from active duty * 31 August 1965 – a DD Form 215 was completed crediting him with 1 year and 28 days of foreign service 5. Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents) states that item 11 of the DD Form 214 will contain the last duty assignment and the major command to which the Soldier was assigned. Foreign Service will be reflective of the total active duty time spent outside the continental United States for the period being covered on the form and the location of the last overseas theater in which service was performed. 6. Paragraph 2-39 (Item 22c. Foreign or Sea Service) states that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed will be reflected within. 7. AR 600 -8-22 (Military Awards) paragraph 2-20 states that the KDSM is awarded 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. To be eligible Soldiers must have been assigned to units operating in Korea for at least 30 consecutive days. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, orders in his records reflecting service in Korea, and the reason for his separation. The Board found a DD Form 215 that amends the applicant’s record to show 1 year and 28 days of foreign service and determined that his service in Korea entitled him to award of the Korea Defense Service Medal. Based on a preponderance of evidence, the Board determined that a correction to the applicant’s record was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 the DD Form 214 for the period of service ending 2 April 1965 to add to: - Item 22c. (Foreign or Sea Service) – “USARPAC, and; - item 26 (Decorations, Medals, Badges….) – “KDSM.” 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 – Separation Documents) states that item 11 of the DD Form 214 will contain the last duty assignment and the major command to which the Soldier was assigned. Foreign Service will be reflective of the total active duty time spent outside the continental United States for the period being covered on the form and the location of the last overseas theater in which service was performed. 3. Paragraph 2-39 (Item 22c. Foreign or Sea Service) states that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed will be reflected within. 4. AR 600 -8-22 (Military Awards) paragraph 2-20 states that the KDSM is awarded 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. To be eligible Soldiers must have been assigned to units operating in Korea for atleast 30 consecutive days. ABCMR Record of Proceedings (cont) AR20190008810 3 1