RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2005
DOCKET NUMBER: AR20050001515
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
Mr. Eric S. Moore
Analyst
The following members, a quorum, were present:
Mr. Stanley Kelley
Chairperson
Ms. Diane J. Armstrong
Member
Ms. Delia R. Trimble
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Army Achievement Medal and the Korea Defense Service Medal. He also requests that his marksmanship badges be corrected, and that a review of his records be made to ensure that he has received all authorized awards.
2. The applicant states that he was awarded the Army Achievement Medal in 1981 or 1982, that based on eligibility requirements he should be authorized the Korea Defense Service Medal, and that he qualified as an expert on both the pistol and the rifle.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 25 April 1984, the date of his discharge from active duty. The application submitted in this case is dated 27 January 2005.
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 applicants failure to timely file.
3. The applicant enlisted in the Regular Army on 1 March 1977 for a period of four years. He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Infantryman). He was discharged on 28 January 1981 for the purpose of immediate reenlistment.
4. On 29 January 1981 he reenlisted for a period of four years. Records show he was assigned to the 1st Battalion, 23rd Infantry Brigade in Korea from 7 July 1983 through 24 April 1984. On 25 April 1984 he was discharged with a total of 7 years, 1 month and 25 days of active service.
5. Since there is no authority for award of the Army Achievement Medal in the applicant's service personnel records, the applicant may request this award under the provisions of Section 1130 of Title 10, United States Code. The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 and, as a result, will not be discussed further in this Record of Proceedings.
6. Item 9 (Awards, Decorations & Campaigns) of the personnel qualification record shows that the applicant qualified as a marksman with the M-16 rifle, and as a sharpshooter with the .45 caliber pistol. The corresponding awards are shown on his DD Form 214.
7. The applicant's DD Form 214 does not show award of the Korea Defense Service Medal.
8. The Secretary of Defense approved the implementing instructions and criteria for the Korean Defense Service Medal on 3 February 2004. The Korea Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from
28 July 1954 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. Records show that the applicant qualified as a marksman with the M-16 rifle, and as a sharpshooter with the .45 caliber pistol.
2. There is no evidence and the applicant has not provided any which would show he qualified as an expert with the pistol and M-16 rifle. Therefore, there is insufficient evidence to support his request for a change to his DD Form 214.
3. The evidence shows the applicant served in Korean from 7 July 1983 thru 23 April 1984. As a result, he is entitled to the Korea Defense Service Medal. Therefore, it would be appropriate to add this award to his record at this time.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 April 1984. Therefore, the time for the applicant to file a request for correction of an error or injustice expired on 24 April 1987. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waiver failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___sk___ ___drt___ ___da___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence present 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 awarding 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 the Expert Badges for the pistol and M-16 rifle.
_____Stanley Kelley_______
CHAIRPERSON
INDEX
CASE ID
AR20050001515
SUFFIX
RECON
DATE BOARDED
2005/11/08
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
Grant
REVIEW AUTHORITY
MR SCHNEIDER
ISSUES 1.
107.0108
2.
3.
4.
5.
6.
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