IN THE CASE OF: 

		BOARD DATE: 14 December 2022

		DOCKET NUMBER: AR20220005559


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

*	accurate foreign service location and time
*	accurate unit of assignment

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Excerpt DA Form 20 (Enlisted Qualification Record)


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 the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states his DD Form 214 contains errors. He is requesting the below 
corrections to aid in his claim for benefits, as outlined on his DA Form 20:

*	21 June 1967 to 21 July 1968 – C Co, 44th EBC, Korea
*	1 September 1968 to 14 May 1969 – HHC, 95th S&S/656th QM Co, USAREUR
*	26 June 1969 to 5 February 1970 – Fort Hood, TX

3.  The applicant provides page 4 of his DA Form 20, to be referenced in the service 
record.

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 6 February 1967.

	b.  His DA Form 20 shows he served overseas in the following assignments:
*	21 June 1967 to 21 July 1968 (1 year, 2 months, and 12 days) – Korea 
(USARPAC)
*	1 September 1968 – 14 May 1969 (8 months and 14 days) – Germany 
(USAREUR)
*	26 June 1969 – 5 February 1970 – Fort Hood, TX

   c.  Special Order Number 24, dated 27 January 1970, released the applicant from 
active duty with an effective date of 5 February 1970.

	d.  He was honorably released from active duty on 5 February 1970. His 
DD Form 214 shows he completed 3 years of active service. It also shows:

*	Item 12 (Last Duty Assignment and Major Command) – Co A 17th Engr Bn, 
2nd Armored Div., Fort Hood, TX 
*	Item 22c (Foreign and/or Sea Service) – USAREUR, 1 year, 9 months, and 
15 days

5.  A review of the applicant’s service record shows an award was omitted from his 
DD Form 214. The Korea Defense Service Medal (KDSM) will be added to his
DD Form 214 as an administrative correction and will not be considered by the Board. 
The Board will consider his request for administrative corrections listed above.

6.  By regulation, (AR 635-5) the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty. It provides a brief, clear-cut record of all current 
active, prior active, and prior inactive duty service at the time of release from active 
duty, retirement, or discharge. The information entered thereon reflects the conditions 
as they existed at the time of separation.  

	a.  Item 12, enter the individual's current unit of assignment and the title of the major 
command or agency having jurisdiction over the organization. 

	b.  Item 22c, for Enlisted Soldiers enter 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, e.g., "Foreign and/ or Sea Service 
(USAREUR)."


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that partial relief was warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation.  Upon review of the applicant’s petition and available military records the 
Board determined the governing regulation provides that at separation the service 
member’s record will be used to enter accurate information when completing their
DD Form 214. The Board determined the applicant’s record is absent his periods of 
foreign service while stationed in Germany for 1 year, 9 months, 15 days and Korea for 
1 year, 2 month, 15 days.  Based on this, the Board granted partial relief to amend the 
applicant’s DD Form 214 to accurately reflect his foreign service for Germany and 
Korea. Additionally, the Board determined the applicant's service record did not reflect 
he was awarded the Army Good Conduct Medal (1st award) and his record shows he 
received "excellent" conduct and efficiency ratings throughout his service for the period 
of 6 February 1967 to 5 February 1970. Based on this the Board determined partial 
relief was warranted and granted relief for correction of the applicant’s record to show 
award of the Army Good Conduct Medal and his foreign service credit.

2.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction is completed to more accurately depict 
the military service of the applicant.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  In addition to the administrative notes annotated by the Analyst of Record (below the 
signature), the Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief. As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by awarding 
him the 

*	Army Good Conduct Medal (1st Award) for exemplary service from 6 February 
1967 to 5 February 1970 and adding the medal to his DD Form 214 for the period 
ending 5 February 1970 and add in 
*	Item 22c (Foreign and/or Sea Service) Korea 1 year 2 month 12 days- 
*	total 2 years, 11 months, 27 days

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief. As a result, the Board recommends denial of so much of 
the application that pertains to annotation of location and time for duty stations on the 
applicant’s DD Form 214.


	 
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):

A review of the applicant’s service records shows he served in Korea and award of the 
Korea Defense Service Medal was not annotated on his DD Form 214 for the service 
period ending 5 February 1970.  As a result, amend his DD Form 214 by adding the 
Korea Defense Service Medal.

REFERENCES:

1.  Title 10, U.S. 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 ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, states the 
DD Form 214 is a summary of the Soldier's most recent period of continuous active 
duty.  It provides a brief, clear-cut record of all current active, prior active, and prior 
inactive duty service at the time of release from active duty, retirement, or discharge.  
The information entered thereon reflects the conditions as they existed at the time of 
separation.  

	a.  Item 12, enter the individual's current unit of assignment and the title of the major 
command or agency having jurisdiction over the organization. 
	b.  Item 22c, for Enlisted Soldiers enter 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, e.g., "Foreign and/ or Sea Service 
(USAREUR)."

3.  Army Regulation 600-8-22 (Military Awards), currently in effect, provides Army 
policy, criteria, and administrative instructions concerning individual military decorations. 
The Korea Defense Service Medal is authorized for award 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. The area of eligibility (1) encompasses all land area of the 
Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air 
spaces above the land and water area. The period of eligibility is 28 July 1954 to a date 
to be determined by the Secretary of Defense. Service members must have been 
assigned, attached, or mobilized to units operating in the area of eligibility for 30 
consecutive or for 60 nonconsecutive days or meet several criteria including: (1) be 
engaged in combat during an armed engagement, regardless of the time in the area of 
eligibility or (2) be wounded or injured in the line of duty and required medical 
evacuation from the area of eligibility.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220005559


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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