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ARMY | BCMR | CY2004 | 040003708C070208
Original file (040003708C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 APRIL 2005
      DOCKET NUMBER:  AR20040003708


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Mr. Curtis Greenway               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 1966 separation document be corrected
to show entitlement to the Korean Service Medal.  He also asks that it be
corrected to show he was awarded a “Short Tour Ribbon for Korea” and the
“Basic Military Training Ribbon” if applicable.

2.  The applicant also requests that his separation document be corrected
to show that he completed basic training in March 1964, the 2nd Infantry
Division Generator and Air Compressor Course in March 1966, a FDC (Fire
Direction Center) Course in June 1966, that he was a high school graduate,
served 13 months in Korea on a short tour, and the level of his security
clearance.

3.  He states that his overseas service is recorded in item 24c (foreign
and/or sea service) but does not indicate the location of that service.  He
states that his primary concern is that the separation documents show
entitlement to the Korean Service Medal so that he can join various service
organizations.

4.  The applicant provides a copy of his high school diploma, completion
certificates for the Generator and Air Compressor Course and the FDC
Course.  He also submits copies of a certificate confirming his attendance
at a religious retreat and a newspaper article to support his service in
Korea.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 December 1966.  The application submitted in this case
is dated 22 June 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant entered
active duty on 4 December 1964 and successfully completed basic and
advanced individual training and was awarded an artillery specialty.

4.  In May 1965 the applicant was assigned to an artillery unit in Korea.
While in Korea he did complete a Generator and Air Compressor Course and
the FDC Course.

5.  The applicant returned to the United States in June 1966 and completed
his enlistment contract at Fort Carson, Colorado.  Item 24c (foreign and/or
sea service) does indicate that the applicant served approximately 13
months in “USARPAC” (United States Army Pacific).

6.  On 2 December 1966 the applicant was released from active duty.  His
separation document does not reflect any training and does not reflect
entitlement to any awards.

7.  In 2002 the applicant’s records were administratively corrected to
reflect entitlement to the National Defense Service Medal, an Army Good
Conduct Medal, and qualification as a sharpshooter with the M-14 rifle.  A
Department of Defense Form 215 (Correction to DD Form 214, Certificate of
Release or Discharge from Active Duty) confirmed entitlement to those
awards.

8.  The copy of the high school diploma, provided by the applicant in
support of his request, does confirm that he graduated from high school in
1963, prior to enlisting in the Army.

9.  Army Regulation 600-8-22 states that the Korean Service Medal was
established on 8 November 1950 and awarded for service within the
territorial limits of Korea between 27 June 1950 and 27 July 1954.

10.  However, Army Human Resources Command Message (Date Time Group
9 February 2004) published implementing instructions for award of the Korea
Defense Service Medal.  This message specified 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, and the contiguous water out to 12 nautical
miles, and all air spaces above the land and water areas;  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.

11.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria;  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercise conducted in the area of eligibility as long as the
basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

12.  In asking for the “Basic Military Training Ribbon” and the “Short Tour
Ribbon for Korea,” the applicant may be referring to the Army Service
Ribbon and the Overseas Service Ribbon.  Both ribbons were established in
1981 and awarded only to those individuals who had an Active Army status on
or after 1 August 1981.

13.  Army Regulation 635-5 establishes the policies and provisions for the
preparation of separation documents.  During the period in question, when
the applicant’s separation document was completed, only “service school”
courses and military sponsored courses completed in civilian schools and
colleges, were entered in item 28.  This information was intended to assist
the individual after separation in job placement and counseling.
Therefore, training courses for combat skills (i.e., basic combat training)
were generally not listed.

14.  The regulation stated that item 24c (foreign and/or sea service) would
reflect the total active duty service outside the continental limits of the
United States and the last overseas theater where the service was
performed.  “USARPAC” was the theater designation for service in Korea.

15.  Army Regulation 635-5 did not provide for entries in the remarks
section (item 32) which specifically identified the location of one’s
overseas service, whether he/she was a high school graduate, or the level
of their security clearance.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s records do confirm his service in Korea, that
service was after the time period which was recognized by award of the
Korean Service Medal.  However, the applicant is entitled to the Korea
Defense Service Medal and his records should be corrected to reflect that
decoration.

2.  The applicant did not have an Active Army status after 1 August 1981
and as such, is not entitled to the Army Service Ribbon or the Overseas
Service Ribbon which he referred to as the “Basic Military Training Ribbon”
and the “Short Tour Ribbon for Korea.”

3.  While the applicant may have completed the Generator and Air Compressor
Course and the FDC Course, neither course was completed at a “service
school” but rather appear to be training courses offered by his local
command.  As such, those courses would not have been recorded on his
separation document.  Additionally, completion of basic training and
training as a field artilleryman, both of which would have been training
courses for combat skills would also not have been recorded.

4.  At the time the applicant was released from active duty there were no
provisions for recording the specific location of one’s overseas service,
that he/she was a high school graduate, or the level of their security
clearance, in item 32 (remarks) on the separation document.  The
applicant’s service in Korea is correctly recorded in item 24c.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JS ___  ___SP  __  ___CG  _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing that he is
entitled to the Korea Defense Service Medal.

2.  The Board further determined that 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
award of the Korean Service Medal, the Army Service Ribbon, and the
Overseas Service Ribbon, addition of training courses to his separation
document, and addition of the specific location of his overseas service,
that he was a high school graduate, and the level of his security
clearance, to his separation document.




                                  _______John Slone_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003708                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050412                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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