RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060001470


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Patrick H. McGann             |     |Chairperson          |
|     |Mr. David R. Gallagher            |     |Member               |
|     |Mr. Roland S. Venable             |     |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 overseas service in the
Republic of Korea be acknowledged on his discharge document, along with his
authorized awards and decorations.

2.  The applicant states, in effect, he is trying to prove that he served
overseas while in the U.S. Army.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
4 October 1968, and Marion County, Board of County Commissioners, Veterans
Services, Ocala, Florida, letter, dated 23 January 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
4 October 1968, the date of his separation from active duty.  The
application submitted in this case is dated 23 January 2006.

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 military service records show that he enlisted in the
U.S. Army on 5 October 1965.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 55B (Ammunition Storage Specialist).  He was
honorably separated from active duty on 4 October 1968 after completing a
total of 3 years active service.

4.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the Good
Conduct Medal, National Defense Service Medal, and Marksman Marksmanship
Qualification Badge with Rifle Bar.  Item 22 (Statement of Service),
section c (Foreign and/or Sea Service) shows that he served 1 year, 1
month, and 4 days service in the overseas theater of the U.S. Army, Pacific
(USARPAC).
5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the USARPAC, Republic of Korea,
from
18 March 1966 through 21 April 1967.  Item 38 (Record of Assignments) of
this document shows that he was assigned to the 696th Ordnance Company,
13th Supply and Service Battalion (Direct Support), 21st Direct Support
Group (Korea) from 20 March 1966 through 30 April 1966.  He was then
assigned to the 36th Ordnance Company, 13th Supply and Service Battalion
(Direct Support), 21st Direct Support Group (Korea) from 1 May 1966 through
20 April 1967.

6.  Review of the applicant's military service records reveals that he may
be entitled to additional awards which are not shown on his DD Form 214.

7.  The applicant's records contain a copy of Headquarters, 13th Supply and
Service Battalion (Direct Support) (Korea), Special Orders Number 79, dated
13 October 1966, which shows that he was awarded the Marksman Marksmanship
Qualification Badge with (M-14) Rifle Bar.

8.  The applicant's records also contain a copy of Headquarters, 265th
Maintenance Battalion, Fort Riley, Kansas, Special Order Number 65, dated
5 October 1967, which shows that he was awarded the Sharpshooter
Marksmanship Qualification Badge with (M-14) Rifle Bar.

9.  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.  A component bar will be attached to the basic badge which
indicates the qualification last attained with the respective weapon.  The
qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

10.  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 for friendly foreign
nations.  Qualifying service for this award includes service in Korea from
1 October 1966 to 30 June 1974.

11.  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.
Headquarters, U.S. Army Human Resources Command, message, dated 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.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time of
the applicant's separation, prescribed 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 established standardized
policy for preparing and distributing the DD Form 214.  Chapter 2 contained
guidance on the preparation of the DD Form 214.  It states, in pertinent
part, that the source documents for entering information on the DD Form 214
will be the Officer/ Enlisted Qualification Record, orders, or any other
document authorized for filing in the Official Military Personnel File
(OMPF).

13.  The instructions for completing Item 22c (Foreign and/or Sea Service)
state, in pertinent part, to enter the total active duty outside the
continental limits of the United States for the period covered by the DD
Form 214 and the last oversea theater in which service was performed (e.g.,
Foreign and/or Sea Service - USARPAC).  This Army regulation contains no
provisions for entering information pertaining to the Soldier's overseas
service in Item 30 (Remarks) of the document.  The instructions for
completing Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) state, in pertinent part, to
enter all decorations, service medals, campaign credits, and badges awarded
or authorized, omitting authorities cited therein.

14.  As a matter of information for the applicant, in accordance with
section 1084 of the Fiscal Year 1998 National Defense Authorization Act,
the Secretary of Defense approved awarding the Cold War Recognition
Certificate to all members of the armed forces and qualified federal
government civilian personnel who faithfully and honorably served the
United States anytime during the Cold War era, which is defined as 2
September 1945 to 26 December 1991.  The award of the Cold War Recognition
Certificate is not governed by the provisions of Army Regulation 600-8-22
and, as a result, is not shown on a discharge document.  However, the
applicant may submit an application for the certificate to the
Commander, U.S. Army Human Resources Command, Cold War Recognition,
Hoffman II, Attention: AHRC-CWRS, Suite 3N45, 200 Stovall Street,
Alexandria, VA 22332-0473.  Additional information is available on the
Internet at: https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his overseas service in the
Republic of Korea should be acknowledged on his discharge document to prove
his overseas service.  He also contends, in effect, that his records should
be corrected to show all of the awards and decorations he is authorized
based on his service in the U.S. Army.

2.  The evidence of record shows that the applicant served 1 year, 1 month,
and 4 days of overseas service in the Republic of Korea, U.S. Army,
Pacific.  This overseas service is properly annotated and documented on his
DD Form 214. Therefore, the applicant's overseas service is acknowledged on
his discharge document.

3.  The evidence of record shows that the applicant qualified as Marksman
with the M-14 rifle on 28 September 1966.  The evidence of record also
shows that the applicant subsequently qualified as Sharpshooter with the M-
14 rifle on
5 October 1967.  Therefore, it would be appropriate to correct his records
to show award of the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar.

4.  The evidence of record shows that the applicant met the qualifying
criteria for award of the Armed Forces Expeditionary Medal.  Therefore, he
is entitled to correction of his records to show this service medal.

5.  The evidence of record shows that the applicant met the qualifying
criteria for award of the Korea Defense Service Medal.  Therefore, the
applicant is entitled to correction of his records to show this foreign
service medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
3 October 1971.  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

___PHM_  __DRG__  __RSV__  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 correcting Item 24 of
the applicant's DD Form 214, as follows:

      a.  Delete:  "Marksman (Rifle);" and

      b.  Add:  Armed Forces Expeditionary Medal, Korea Defense Service
Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle.

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
an additional annotation on his discharge document regarding his overseas
service.



                            ____Patrick H. McGann____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001470                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19681004                                |
|DISCHARGE AUTHORITY     |AR 635-200, SPN 201                     |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0072.0000                           |
|2.                      |107.0109.0000                           |
|3.                      |107.0000.0000                           |
|4.                      |110.0000.0000                           |
|5.                      |                                        |
|6.                      |                                        |


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