IN THE CASE OF: BOARD DATE: 3 October 2021 DOCKET NUMBER: AR20210009681 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 May 1968, to show: * he was awarded the Overseas Service Ribbon and the Korea Defense Service Medal * his service in Korea APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ), dated 10 February 1966 * DA Form 613 (Identifying Data), prepared on 20 January 1967 * DD Form 528 (Geneva Conventions Identification Card) * 36th Engineer Group, 11th Engineer Battalion "C" Pamphlet with photos * DD Form 214, ending on 17 May 1968 * Kossuth county Veterans Affairs (VA) letter FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. 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's records contain a DA Form 20 (Enlisted Qualification Record) that shows in item 31 (Oversea Command) U.S. Army Pacific – Korea, 23 October 1965 – 12 December 1966 with normal tour completion. This suffices to award the applicant the Korea Defense Service Medal. 3. The applicant states, in effect: a. He would like the following administrative errors be corrected to his DD Form 214, to accurately reflect he was authorized and awarded, retroactively, the Overseas Service Ribbon and the Korea Defense Service Medal. b. DD Form 214, at time of his discharge, reflects in item 22c (Foreign and/or Sea Service) 1 year,1 month, and 20 days of foreign service in the U.S. Army Pacific (USARPAC); however, his DD Form 214 does not list his location in Korea in item 30 (Remarks). He completed a 13-month tour of duty from November 1965 to 12 December 1966. His DD Form 214 omitted those awards and he needs his DD Form 214 corrected for the Department of Veterans Affairs for benefits. 4. The applicant's service record shows: a. On 18 May 1965, he enlisted in the Regular Army for a period of three years. b. DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Overseas Command): "23 October 1965 through 12 December 1966 – USARPAC-Korea – 14 months" * Item 38 (Record of Assignments): from 25 October 1965 to 11 December 1996, he was assigned to C Company, 11th Engineer Battalion, APO 96358 5. The applicant provides the following documents: a. DA Form 2627-1, dated 10 February 1966, shows, he was assigned to C Company, 11th Engineer Battalion (Combat) (Corps) APO 96358. b. DA Form 613, prepared on 20 January 1967, reflects in item 8 (Name of Command): "Korea." c. DD Form 528, which reflects applicant's name. d. 36th Engineer Group, 11th Engineer Battalion "C", Camp Stanley, Camp Essayons, Korea, Pamphlet with photos and a picture of the applicant. e. DD Form 214, ending on 17 May 1968, shows: * Item 1 (Last Name, First Name, Middle Name): PXXXXXXX, DXXXXX MXXXX Jr. * Item 11d (Effective Date [of Separation]): "17 May 1968" * Item 13a (Character of Service): "Honorable" * Item 17c (Date of Entry): "18 May 1965" * Item 22a(1) (Net Service This Period): "3 years" * Item 22a(3) (Total): "3 years" * Item 22b (Total Active Service): 3 years" * Item 22c (Foreign and/or Sea Service): "USARPAC - 1 year, 1 month, and 20 days" * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): does not show the Overseas Service Ribbon or the Korea Defense Service Medal * Item 30: does not list his service in Korea f. A letter from the County Veteran Service Officer, Kossuth County VA, dated 4 August 2020, requests, on behalf of the applicant, that his record be corrected to show the awards he was entitled to as a result of his tour of duty in Korea, while serving with the 36th Engineer Group, 11th Engineer Battalion from 18 May 1965 to 17 May 1968. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that some relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant served in Korea. The Board agreed regulatory guidance provides he is authorized the KDSM, and concurs with the administrative correction. The Overseas Service Ribbon was authorized to qualifying members starting in 1981. Therefore, the applicant is not awarded the ribbon. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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 NOTES: 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 for the period ending May 17, 1968, by adding the Korea Defense Service Medal. 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DD Form 214 * DA Form 20 * Army Regulation 600-8-22 (Military Awards) 3. Please correct the applicant's DD Form 214 by adding the award shown in paragraph 1 above. Provide the applicant a copy of the correction, and as applicable the medal. Please ensure that the correction is recorded in the applicant's official military personnel record. 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 (AR) 600-8-22 (Military Awards), states, the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. Overseas tour credit is outlined in Army Regulation 614-30 (Overseas Service). The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 3. AR 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DD Form 214. a. Section III instructed the preparer, in pertinent part, to enter the total active duty service outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed, e.g., "(USARPAC)" in item 22c. There was no requirement to list the country or the dates of service in item 30. b. However, the subsequent version of this regulation states, in item 30, indicate Indochina and Korea service on or after 5 August 1964, by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for the service in Indochina and Korea. Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "yes" for Indochina. Sample entries are as follows: * to show service in Vietnam only – "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No" * to show service in Indochina (other than Vietnam) only – "Indochina – Yes, Vietnam – No, Korea – No" * to show service in Korea only – "Indochina – No, Vietnam – No, Korea – Yes" //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009681 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS