RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         1 August 2006
      DOCKET NUMBER:  AR20050017217


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 record be corrected to show
his entitlement to the Korean Defense Service Medal (KDSM) and Sharpshooter
Marksmanship Qualification Badge with Grenade Bar; and that all his Reserve
service should be included on his 17 November 1981 separation document (DD
Form 214).

2.  The applicant states, in effect, that he is entitled to the KDSM and
the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and
these awards should be added to the list of awards contained on his DD Form
214.  He also states that it would assist him if all his Reserve Component
(RC) service were included on his DD Form 214.

3.  The applicant provides a National Personnel Records Center (NPRC)
Letter in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 17 November 1981, the date of his discharge from the
Regular Army.  The application submitted in this case is dated 24 November
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's record shows that he initially enlisted in the Regular
Army (RA) and entered active duty on 18 February 1975.  He was trained in,
awarded, and served in military occupational specialty (MOS) 76Y (Supply
Specialist), and the highest rank he attained while serving on active duty
was sergeant (SGT).

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows, in
Item 5 (Overseas Service), that the applicant completed an overseas tour in
Korea from 31 July 1975 through 27 August 1976.


5.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1
shows that during his tenure on active duty, he earned the following
awards:  Army Good Conduct Medal (AGCM), 2nd Award; Army Commendation Medal
(ARCOM); Army Service Ribbon (ASR); Overseas Service Ribbon (OSR);
Noncommissioned Officer Professional Development Ribbon (NCOPDR) with
Numeral 1; and Expert Marksmanship Qualification Badge with Rifle Bar.
There is no indication in Item 9 that the applicant qualified for, or was
awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar
during his active duty tenure.

6.  The applicant's Military Personnel Records Jacket (MPRJ) is void of
orders, or other documents that indicate he ever qualified for, or was
awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.


7.  On 17 November 1981, the applicant was honorably separated after
completing a total of 3 years, 8 months, and 27 days of total active
military service.  The DD Form 214 he was issued confirms in Item 12e
(Total Prior Inactive Service) that he completed no RC service prior to his
entry on active duty.

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's 17 November 1981 DD Form 214
shows that he earned the following awards during his active duty tenure:
AGCM (2nd Award); ARCOM; ASR; OSR; NCOPDR with Numeral 1; and Expert
Marksmanship Qualification Badge with Rifle Bar.

9.  On 4 August 1982, the applicant enlisted in the USAR, and he continued
to serve in that status until being honorably discharged on 3 January 1996.
 There are no documents, or orders on file that indicate the applicant
earned any additional awards while serving in the USAR.

10.  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 exercises 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.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on preparing the DD Form 214.  It states,
in pertinent part, that the DD Form 214 is a summary of a Soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active duty service at the time of release from active duty,
retirement, or discharge.  The regulation does not provide for correcting a
previously issued DD Form 214 to document service completed in Reserve
Component subsequent to the effective date of the
DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the KDSM was carefully
considered and found to have merit.  The Secretary of Defense authorized
the KDSM to members who completed 30 days of consecutive service in Korea
from 28 July 1954 to a date to be determined.  The applicant's record
confirms he served in Korea from 31 July 1975 through 27 August 1976.
Therefore, it would be appropriate to add this award to his record and
separation document at this time.

2.  The applicant's request to add all his USAR service to his 17 November
1981 DD Form 214 was also carefully considered.  However, by regulation,
the
DD Form 214 is a summary of a Soldier's most recent period of continuous
active duty.  There are no provisions for correcting a DD Form 214 to
document military service completed subsequent to its effective date, which
is the date the member was released from the period of active duty service
summarized on the separation document.  As a result, it would not be
appropriate to add the USAR service completed by the applicant subsequent
to his 17 November 1981 active duty separation date to the DD Form 214 in
question.
3.  In addition, the applicant's record is void of any indication that he
ever qualified for, or was awarded the Sharpshooter Marksmanship
Qualification Badge with Grenade Bar.  As a result, there is an
insufficient evidentiary basis to support adding this badge to his record
and separation document at this time.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 November 1981; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
16 November 1984.  Although the applicant did not file within the ABCMR's
statue of limitations, it is appropriate to waive failure to timely file
based on the relief being granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___KAN _  __CVM__  __YM___  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 his entitlement
to the Korea Defense Service Medal; and by providing him a correction to
his separation document that includes this award.

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
his USAR service and to the Sharpshooter Marksmanship Qualification Badge
with Grenade Bar.




                            _____Kathleen A. Newman____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017217                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1996/01/03                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]