IN THE CASE OF: 
BOARD DATE: 19 August 2022 
DOCKET NUMBER: AR20220001694 


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: 

•service in Korea, for the period January 1964 to February 1965, with the44th Engineer Battalion

•award of the Korea Defense Service Medal

•award of the Army Good Conduct Medal



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 293 (Application for the Review of Discharge from the Armed Forces ofthe United States)

•DD Form 214



FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10,U.S. Code, 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 theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states he served with the 44th Engineer Battalion in Korea, fromapproximately January 1964 to February 1965, 13 months. His DD Form 214 does notindicate this. He has also been informed that his is authorized a medal for his service inthe Far East and an Army Good Conduct Medal.

3.His DA Form 20 (Enlisted Qualification Record) shows in:

•item 11 (Enlisted, Inducted, Reenlisted, Extended) – his enlistment in the RegularArmy on 24 June 1963 for a period of 3 years



•item 31 (Foreign Service) – he received overseas tour credit for service in Koreafrom 17 January 1964 through 3 February 1965

•item 38 (Record of Assignments) – he was assigned to –


•Company A, 44th Engineer Battalion (Construction) on 19 January 1964

•U.S. Army Engineer School, Fort Belvoir, VA on 8 February 1965



•item 41 (Awards and Decorations) – Sharpshooter Marksmanship QualificationBadge with Rifle Bar (M-14)



4.He was honorably released from active duty and transferred to the U.S. ArmyReserve Control Group (Annual Training) on 28 June 1966. His DD Form 214 shows in:

•item 22a(1) (Net Service This Period) – 3 years

•item 22c (Foreign and/or Sea Service) – U.S. Army Pacific – 1 year, 18 days

•item 24 (Decorations, Medals, Badges, Commendations, Citations, andCampaign Ribbons Awarded or Authorized) –



•Army Good Conduct Medal

•Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)




BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was not warranted. The applicant’scontentions, the military record, and regulatory guidance were carefully considered.Evidence of record shows he was already awarded the AGCMDL and it was added tohis DD Form 214. Regulatory guidance at the time he served provided for the listing ofthe last unit of assignment on the DD Form 214; the requested unit in Korea was not hislast unit of assignment

2.Prior to closing the case, the Board did note the analyst of record administrativenotes below, and recommended the correction is completed to more accurately depictthe military service of the applicant.
BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:X :X :X 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. 



Microsoft Office Signature Line...
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 administrative correction of his DD Form 214 to show the following without Board action: 

1.Awards:



•National Defense Service Medal

•Korea Defense Service Medal



2.Remarks - "Indochina – no, Vietnam – no, Korea – yes."


REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 15-185 (Army Board for Correction of Military Records) prescribesthe policies and procedures for correction of military records by the Secretary of theArmy acting through the ABCMR. The ABCMR begins its consideration of each casewith the presumption of administrative regularity. The applicant has the burden ofproving an error or injustice by a preponderance of the evidence.

3.Army Regulation 600-8-22 (Military Awards) prescribes Department of the Armypolicy, criteria, and administrative instructions concerning individual and military awards.

a.Paragraph 2-11 (National Defense Service Medal) states the National DefenseService Medal may be awarded for both Active and Reserve service and is awarded for honorable active service for specified periods, to include 1 January 1961 to 14 August 1974 (Vietnam). 

b.Paragraph 2-22 (Korea Defense Service Medal) states the Korea DefenseService Medal is authorized for award to service members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 

4.Army Regulation 635-5 (Separation Documents), 13 August 1963, prescribed theseparation documents that were furnished each individual who was separated form theArmy and established procedures for the preparation and distribution of thosedocuments.

a.The specific instructions for each item of the DD Form 214 shows for item 12(Last Duty Assignment and Major Command) – enter the individual’s current unitof assignment and the titled of the major command or agency having jurisdictionover that organization.



b.There was no provision to show an individual’s unit of assignment for anoverseas deployment.



5.Army Regulation 635-5 (Separation Documents), effective 23 May 1972, stated toindicate Indochina and Korea service performed on or after 5 August 1964 in item 30 ofthe DD Form 214 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. To show Korea service only, for example, enter "Indochina – no, Vietnam – no, Korea – yes." 
 
 
//NOTHING FOLLOWS//