RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 December 2005
      DOCKET NUMBER:  AR20050007363


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard Hassell               |     |Member               |
|     |Mr. Michael Flynn                 |     |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, correction of his military records
to show award of the Expert Marksmanship Qualification Badge with Rifle
Bar, the Korea Defense Service Medal, the National Defense Service Medal,
and the Good Conduct Medal.

2.  The applicant states he served 13 months in Korea from August 1956 to
September 1957 and that he qualified expert on the rifle range.  He
contends he went back into the active reserves in 1966, was activated
several times between 1966 and 1967 for training purposes, and was
honorably discharged six years later.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge) and copies of service personnel records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
28 August 1958.  The application submitted in this case is dated 20 April
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.  The applicant’s military records for his service during the period 29
August 1955 through 28 August 1958 are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consists of his DD Form 214.

4.  The applicant enlisted in the Regular Army on 29 August 1955 for a
period of 3 years.  He served a field radio repairman and was released from
active duty on 28 August 1958 and transferred to the U.S. Army Reserve
(USAR).

5.  The applicant's DD Form 214 shows the entry, "None" in item 26
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized).

6.  There are no orders for the Expert Marksmanship Qualification Badge
with Rifle Bar in the available records.

7.  There is no evidence of record which shows the applicant served in
Korea.

8.  There are no orders for the Good Conduct Medal in the available
records.

9.  The applicant was honorably discharged from the USAR on 28 August 1961.
 He enlisted in the USAR on 6 April 1966.  Records show the applicant was
ordered to active duty for training purposes on two occasions.  On 5 April
1972, the applicant was honorably discharged from the USAR.

10.  Army Regulation 600-8-22 (Military Awards), 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.

11.  The Secretary of Defense approved the implementing instructions and
criteria for the Korea 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal 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.  The regulation also stated that
Army National Guard and USAR forces personnel on short tours of duty to
fulfill training obligations under an inactive duty training program would
not be considered as performing active service.

13.  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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  Since there are no orders for the Expert Marksmanship Qualification
Badge with Rifle Bar in the available records, there is insufficient
evidence on which to base award of this marksmanship badge.

2.  There is no available evidence of record which shows the applicant
served a period of qualifying service for award of the Korea Defense
Service Medal.

3.  The applicant did not serve a period of qualifying service for award of
the National Defense Service Medal.  The governing regulation states that
short tours of active duty to fulfill training obligations would not be
considered as performing active service.  Therefore, there is insufficient
evidence on which to base award of the National Defense Service Medal in
this case.

4.  Since the applicant's service personnel records are not available,
there is insufficient evidence on which to base award of the Good Conduct
Medal in this case.

5.  Records show the applicant should have discovered the alleged errors
now under consideration on 28 August 1958; therefore, the time for the
applicant to file a request for correction of any error expired on 27
August 1961.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JS_____  _LH_____  _MF_____  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ___John Slone_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007363                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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