IN THE CASE OF: BOARD DATE: 20 August 2020 DOCKET NUMBER: AR20200000366 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to add – * 2nd award of the Purple Heart (PH) * completion of 12 months of foreign service in Korea from June 1959 to July 1960 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders (GO) Number 95, published by Headquarters, 85th Evacuation Hospital (SMBL), Republic of Vietnam (RVN), dated 22 May 1967 * GO Number 263, published by Headquarters, Fort Campbell, Fort Campbell, KY, dated 20 September 1967 * DD Form 214, ending on 31 January 1978 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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's request to add a second PH to his DD Form 214 will be addressed through an administrative correction and not considered by the Board. 3. The applicant states, in effect, his foreign service in Korea is not listed on his DD Form 214 for the period ending 31 January 1978. 4. The applicant enlisted in the Regular Army on 9 January 1958 and went on to serve in various overseas locations. His DA Form 20 (Enlisted Qualification Record) shows he completed foreign service in Korea from 6 July 1959 through 8 July 1960. 5. He was discharged for immediate reenlistment on 13 December 1960. His period of foreign service is documented on his DD Form 214 for this period, but the DD Form 214 does not reflect the location of his foreign service. 6. His record shows that after his service in Korea, he completed multiple immediate reenlistments and had additional foreign service in Germany and Vietnam. This foreign service is reflected on subsequent DD Forms 214 and his DA Form 20. 6. He retired on 31 January 1978. At the time of retirement he was issue a DD Form 214 for the period 9 May 1970 to 31 January 1978, which shows in Item 19 (Indochina or Korea Service Since August 5, 1964) the entry – "VIETNAM: 21FEB67-21JUL67; 21JUL68-20JUL69; 24JUN70-12APR71." 7. Army Regulation 635-5 (Personnel Separations-Separation Documents), in effect at the time, stated to enter Indochina or Korea service that occurred since 5 August 1964 in item 19 on the DD Form 214. Earlier versions of the regulation required an entry documenting the most recent location of foreign service recorded on the DD Form 214. BOARD DISCUSSION: The Board noted the applicant's DD Form 214 for the period ending 13 December 1960 does not specify the location of his foreign service as was required by the regulation governing preparation of the DD Form 214 at the time. The Board determined item 24c (Foreign and/or Sea Service) of his DD Form 214 for the period ending 13 December 1960 should be corrected by adding "U.S. Army Pacific – Korea." The Board concurred with the corrections addressed in Administrative Note(s) below. 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, in addition to the corrections addressed in Administrative Note(s) below, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24c of his DD Form 214 for the period ending 13 December 1960 the entry "U.S. Army Pacific – 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. ADMINISTRATIVE NOTE(S): 1. The PH orders provided by the applicant, and the following regulatory cites, are sufficient to correct the applicant's record to add the second award of the PH and additional awards he is authorized. * GO Number 95, dated 22 May 1967, awarded the applicant the PH for wounds received in action on 15 May 1967 * GO Number 263, dated 20 September 1967, awarded the applicant the PH for wounds received in action on 22 June 1967 * RVN Casualty Roster * DA PAM 672-3 * DA Form 20 * DA Form 2-1 * Army Regulation 600-8-22 2. Correct the applicant's record by: a. deleting the PH, CIB, and Vietnam Service Ribbon with seven Campaign Stars b. adding to his DD Form 214, ending 31 January 1978 - * PH (2nd Award) * Korea Defense Service Medal * Vietnam Campaign Medal with one silver service star and four bronze service stars * RVN Gallantry Cross with Palm Unit Citation (3rd Award) * RVN Civil Actions Honor Medal First Class Unit Citation (2nd Award) REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Personnel Separations-Separation Documents), in effect at the time, stated to enter Indochina or Korea service that occurred since 5 August 1964 in item 19 on the DD Form 214. Earlier versions of the regulation required an entry documenting the most recent location of foreign service recorded on the DD Form 214. 3. The Korea Defense Service Medal is authorized for award to Service 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 during the period of eligibility from 28 July 1954 to a date to be determined by the Secretary of Defense. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000366 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1