RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050004413


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane Armstrong               |     |Member               |
|     |Ms. Delia 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 that award of the Korea Defense Service Medal
(KDSM), the Good Conduct Medal (GCMDL), the National Defense Service Medal
(NDSM), the Army Service Ribbon (ASR), and the Expert Marksmanship
Qualification Badge with Carbine Bar be added to his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he became eligible for the medals and ribbons
after his discharge.  The qualification badge was earned in Korea, but it
was never recorded by personnel clerks.

3.  The applicant provides a letter from the National Personnel Records
Center, St. Louis, Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
31 May 1961.  The application submitted in this case is dated 16 March
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 applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 9 June 1958 for a period
of three years.  He completed basic combat training and advanced individual
training and was awarded military occupational specialty (MOS) 710.00
(Light Vehicle Driver).  He was later reclassified into MOS 716.00 as a
personnel specialist.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he
qualified as a Marksman with the M-1 Rifle on 18 July 1958.  His DA Form 24
(Service Record) shows he was awarded the Marksman Marksmanship
Qualification Badge with Rifle Bar based on Headquarters, 2d Training
Regiment Special Orders Number 167 dated 25 July 1958.

5.  He was assigned to Korea on 10 November 1958.

6.  The applicant was promoted to temporary specialist four (SP4), E-4 on
10 September 1959 and has no record of any disciplinary actions.  There is
no evidence he was disqualified by his chain of command from receiving the
first award of the GCMDL.

7.  He departed Korea on 20 December 1959.

8.  The applicant was honorably released from active duty on 31 May 1961 in
the rank of SP4.  He completed 2 years, 11 months and 22 days of active
military service with no days of lost time.  His Service Record shows he
received conduct and efficiency ratings of "excellent" throughout his
service.

9.  His DD Form 214 does not show he was authorized any awards during the
period covered by the report.

10.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the KDSM.  This message
specified criteria for the award of the KDSM 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.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service.

12.  Army Regulation 600-8-22 (Military Awards) as amended provides that
the NDSM is awarded for honorable active service for any period between 27
July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974,
2 August 1990 through 30 November 1995 and 11 September 2001 to a date to
be determined.


13.  Army Regulation 600-8-22 shows that the ASR was established by the
Secretary of the Army on 10 April 1981.  This regulation states, in
pertinent part, that effective 1 August 1981, all members of the Active
Army, Army National Guard, and Army Reserve in an active Reserve status are
eligible for the award upon successful completion of initial entry
training.  The award may be awarded retroactively to those personnel who
completed the required training before 1 August 1981 provided they had an
Active Army status on or after 1 August 1981.

14.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a period of qualifying service in Korea for award
of the KDSM.  Therefore, this award should be added to his DD Form 214.

2.  The applicant's service record shows he received conduct and efficiency
ratings of "excellent" throughout his period of service.  It appears the
applicant has met the eligibility requirements for the first award of the
GCMDL for the period 9 June 1958 through 31 May 1961.

3.  The evidence of record shows the applicant served a period of honorable
service from 9 June 1958 through 31 May 1961.  Therefore, he is eligible
for award of the NDSM.

4.  The applicant was released from active duty on 31 May 1961 and was not
in an Active status after 1 August 1981.  Therefore, he has not met the
requirements for award of the ASR.

5.  There is no evidence of record which shows the applicant qualified as
Expert with the Carbine.  There are no orders which show he was awarded the
Expert Marksmanship Qualification Badge with Carbine Bar.  Therefore, there
is insufficient evidence to base correction of his DD Form 214 to show this
badge.

6.  Orders show the applicant was awarded the Marksman Marksmanship
Qualification Badge with Rifle Bar.  However, this badge is not shown on
his DD Form 214.  Therefore, it would be appropriate to add the Marksman
Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.
7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1961; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 May 1964.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

SK______  DA______  DT______  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:

      a.  by awarding him the GCMDL for the period 9 June 1958 through
31 May 1961; and


      b.  by adding the KDSM, the GCMDL, the NDSM, and the Marksman
Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.

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 Marksmanship Qualification Record with Carbine Bar.




                            Stanley Kelley________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004413                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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