ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 October 2019 DOCKET NUMBER: AR20190011057 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to shows his service in Korea. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Page 2 of his DA Form 20 (Enlisted Qualification 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 (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 served in Korea: however, his service in Korea is not reflected on his DD form 214. 3. The applicant DA form 20 shows he served in: * Korea from on or about 23 January 1969 through 27 February 1970 * Germany from on or about 4 September 1970 to on or about 25 February 1971 4. On 3 March 1971, the applicant was honorably transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 2 years, 11 months, and 26 days of net active service this period. The DD Form 214 he was issued at the time shows in: a. Item 22c (Foreign and/or Sea Service) the entry "USAREUR 1 6 29" indicating he completed 1 year, 6 months and 26 days of foreign service and his last oversea assignment was in the U.S. Army Europe (USAREUR). b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the: * National Defense Service Medal (NDSM) * Army Good Conduct Medal (AGCM) * Armed Forces Expeditionary Medal (AFEM) * Expert Marksmanship Qualification Badge with Rifle Bars (M-16) (M-14) 5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time of the applicant's release from active duty contained guidance on the preparation of the DD Form 214. It stated item 22c was to show total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed. The regulation did not provide for an entry on the DD Form 214 specifying an individual had served in Korea. 6. An interim change to Army Regulation 635-5 (Separation Documents), dated 15 December 1971, stated to indicate Indochina and Korea service on or after 5 August 1964 in item 30 (Remarks) of the DD Form 214. It stated to show service in Korea only, enter "INDOCHINA – NO, VIETNAM – NO, KOREA – YES." BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief is warranted. 2. His DD Form 214 for the period ending 3 March 1971 should have added in 22c the entry "INDOCHINA – NO, VIETNAM – NO, KOREA – YES (23 January 1969 - 27 February 1970)." 3. The Board noted in the administrative notes below that the applicant is also entitled to the Korea Defense Service Medal. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending to show: a. In box 22c the entry "INDOCHINA – NO, VIETNAM – NO, KOREA – YES (23 January 1969 - 27 February 1970)." b. In box 24, award of the Korea Defense Service Medal. c. And providing him the Korea Defense Service Medal. 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 correction of his DD Form 214 to show award of 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 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, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time of the applicant's release from active duty contained guidance on the preparation of the DD Form 214. It stated item 22c was to show total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed. The regulation did not provide for an entry on the DD Form 214 specifying an individual had served in Korea. 3. An interim change to Army Regulation 635-5 (Separation Documents), dated 15 December 1971, stated to indicate Indochina and Korea service on or after 5 August 1964 in item 30 (Remarks) of the DD Form 214. It stated to show service in Korea only, enter "INDOCHINA – NO, VIETNAM – NO, KOREA – YES." 4. Army Regulation 600-8-22 provides, in pertinent part, for award of the Korea Defense Service Medal. This regulation specifies criteria for the award of the Korea Defense Service Medal as follows: a) service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190011057 3 1