RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 December 2006
      DOCKET NUMBER:  AR20050003861


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Donald W. Steenfott           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of: the
Expert Marksmanship Badge with Rifle Bar; the Korea Defense Service Medal;
the National Defense Service Medal; a second award of the Republic of Korea
Presidential Unit Citation; and the Armed Forces Expeditionary Medal.  In
addition, the applicant requests correction of Item 3a (Grade, Rate or
Rank) of his DD Form 214 to show corporal.

2.  The applicant states that he has been trying to correct his records for
almost 50 years.  In effect, he feels he is entitled the above-mentioned
corrections

3.  The applicant provides copies of; his DD Form 214; an e-mail from the
Army Center of Military History, dated 25 June 2003; Department of the Army
General Orders Number 50, dated 9 November 1971; his Honorable Discharge
Certificate, dated 30 June 1963; his DD Form 215 (Correction to DD Form
214, Certificate of Release or Discharge from Active Duty), dated 20
October 2003; DA Form 1270 (Transfer or Release to Reserve Component of the
Army), dated 3 July 1957; U.S. Army Records Center Letter Orders, dated 30
June 1963; an extract from Message, HQ, Department of the Army, dated 28
May 1985; Headquarters, 73d Tank Battalion Special Orders Number 14, dated
4 February 1957; and Headquarters, 506th Airborne Infantry Special Orders
Number 197, dated 2 September 1955.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 3 July 1957, the date of his separation from active duty.  The
application submitted in this case is dated 28 February 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 limitation 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.  Army Regulation 15-185 sets forth procedures for processing requests
for correction of military records.  A recent court decision ordered the
deletion of paragraph 2-15b which applies to requests for reconsideration.
The effect of this court decision now permits an applicant to request
reconsideration of an earlier ABCMR decision if the request is received
within one year of the ABCMR's original decision and it has not previously
been reconsidered.  Such requests must provide new evidence or argument
that was not considered at the time of the ABCMR's prior consideration.

4.  The applicant has previously requested award of the Korea Defense
Service Medal and the National Defense Service Medal.  He has also
previously requested correction of his DD Form 214 to show the rank of
corporal.  The Board addressed these issues in ABCMR docket numbers
AR2002083160 and AR2004106854, dated 24 June 2003 and 6 January 2005,
respectively.  Since he has not provided any new evidence or argument, the
applicant is not entitled to reconsideration by the Board concerning these
issues.  Therefore, they will not be addressed further in this record of
proceedings.

5.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

6.  The applicant's DD Form 214 shows he was inducted on 18 July 1955 and
served in Military Occupational Specialty 131.60 (Armor Crewman) with
Company B of the 73d Tank Battalion.  This form also shows he was
transferred to the United States Army Reserve (USAR) on 3 July 1957, with a
terminal date of Reserve obligation of 17 July 1963.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
contain an entry "NA".

8.  The applicant’s DD Form 215, dated 20 October 2003, shows he is
entitled to the Republic of Korea Presidential Unit Citation and the Good
Conduct Medal.





9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that not more than one Republic of Korea Presidential Unit Citation will be
worn by any individual and no oak leaf cluster or other appurtenance is
authorized.

10.  Headquarters, 506th Airborne Infantry Special Orders Number 197
announced award of the Expert Marksmanship Badge with Carbine Bar to the
applicant.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Armed Forces Expeditionary Medal for qualifying service after 1 July 1958
in U.S. military operations, U.S. operations in direct support of the
United Nations, and U.S. operations of assistance to friendly foreign
nations.  Qualifications for this award includes the requirement to be a
bona fide member in a unit engaged in the operation or to serve in the area
of operations for 30 days, or to be engaged in direct support of the
operation for 30 consecutive or 60 nonconsecutive days provided this
support involves entering the area of operations.  The regulation also
provides that the AFEM may be awarded if the individual served the full
period in cases when the operation is less than 30 days in duration, if the
individual is engaged in actual combat with armed opposition regardless of
the period of service, if the individual participates as a member of an
aircraft flying in support of the operation, or if the individual is
recommended (or attached to a unit recommended) for award of the medal if
the above criteria have not been met.  The designated military operations
and dates of eligibility for this award are specified in Army Regulation
600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant is entitled to the Republic of
Korea Presidential Unit Citation.  Since not more than one award is
authorized for wear, and since no appurtenances are authorized for this
foreign unit award, the applicant is not entitled to correction of his
records to show a second award.

2.  Special Orders show the applicant is entitled to the Expert
Marksmanship Badge with Carbine Bar.  Therefore, he is entitled to
correction of his records to show this marksmanship badge with
appurtenance.

3.  Since the applicant did not serve on active duty subsequent to 1 July
1958, he is not entitled to award of the Armed Forces Expeditionary Medal,
or correction of his records to show this service medal.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___bpi___  ___eem_  ____dws_  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 award of Expert
Marksmanship Badge with Carbine Bar.

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 a second Republic of Korea Presidential Unit Citation and the
Armed Forces Expeditionary Medal.




            _________Bernard P. Ingold_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003861                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051206                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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