RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060004691


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Carman Duncan                 |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 his final DD Form 214 (Report of Transfer
or Discharge) be corrected to include award of the Korean Service Medal and
the Army Occupation Medal with Germany clasp and to show he attended the
Noncommissioned Officers School, the “Air-Transportability School” and had
Combat Infantry Training.

2.  The applicant states, in effect, the above items were omitted from his
final DD Form 214 and he didn’t discover the omissions until after he
retired.

3.  The applicant provides a copy of his final DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 December 1970, the date he retired.  The application
submitted in this case is dated 20 March 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 records show the applicant first entered active duty on 27 July
1950 and, except for brief periods between a couple of his early
enlistments, served continuously until he retired on 31 December 1970.

4.  The applicant’s record includes six DD Forms 214.  These forms list his
awards as: the Army Occupation Medal with Germany Clasp, the Good Conduct
Medal (1st through 4th award), and the National Defense Service Medal.

5.  Only the DD Forms 214 issued on 7 July 1963 and 5 July 1966 list award
of any marksmanship qualification badges and these are listed as the
Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars
(for both the M-1 and M-14 rifles), and the Marksman Marksmanship
Qualification Badge with Rifle Bar (for the M-14).

6.  None of the DD Forms 214 list attendance at any service school.

7.  The applicant’s final DD Form 214 covers his service for the period of
6 July 1966 through 31 December 1970.  Item 24 (Awards) lists his award of
the Good Conduct Medal with 4 loops and item 25 (Education and Training) is
blank.

8.  A review of the record shows the applicant qualified for and was
authorized award to marksmanship qualification badges as follows as:

      a.  an expert with the M-1 rifle in 1954 and with the M-14 rifle in
1968;


      b.  a sharpshooter with the M-2 carbine in 1958 and with the M-1 rifle
in 1967; and

      c.  a marksman with the M-2 carbine in 1950, 1951, 1953, 1956, 1957,
and 1960.

9.  The DA Form 20 (Enlisted Qualification Record) shows at:

      a.  item 27 (Military Education) attendance at only a Non-
Commissioned Officers Course in 1958;

      b.  item 31 (Foreign Service), he served in Korea from 25 January
1961 through 18 May 1962; and in Germany from 3 May 1951 through 10 May
1954 and again from 23 July 1965 through 25 April 1966; and

      c.  item 41 (Awards and Decorations), lists his awards as the
National Defense Service Medal, the Good Conduct Medal (4th award), and the
Expert Marksmanship Qualification Badge with Rifle Bar.  Additionally, the
form has several entries that were erased under this section.

10.  Army Regulation 635-5 (Separation Documents), as then in effect,
stated that only those awards authorized and formal in-service training
courses completed during the period covered by the DD Form 214 were to be
listed on the DD Form 214.  Additionally, training courses for combat
skills were not to be listed.  The current regulation still indicates only
those formal in-service courses completed during the period covered by the
DD Form 214 are to be listed on the form; however, currently all awards are
to be listed on each DD Form 214.



11.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Korean Service Medal.  In pertinent part, the regulation states that the
Korean Service Medal is awarded for qualifying service in the theater of
operations between 27 June 1950 and 27 July 1954.

12.  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 for 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Forms 214 were completed in accordance with the
regulations in effect at the time they were issued.

2.  In accordance with regulations, combat skills courses are not recorded
on the DD Form 214.  Therefore, inclusion of such courses on the final DD
Form 214 is not appropriate.

3.  The record contains no indication of attendance at any service school
that has a name similar to the "Air-Transportability".  Without
conformation of the proper name of the school and dates attended,
correction of the record at this time is not warranted.

4.  The applicant did attend the Noncommissioned Officers Course in 1958.
This course is considered a leadership course and is routinely recorded on
the DD Form 214.  The DD Form 214 covering the period applicant attended
this school does not reflect his attendance.  Therefore, correction is
warranted to show his attendance at of the Noncommissioned Officers Course
in 1958.

5.  The applicant did not serve in Korea during the period for which the
Korean Service Medal was authorized.  However, he did serve during the
period for which the Korea Defense Service Medal is authorized and as such
warrants award of this medal.

6.  The applicant’s award of the Expert Marksmanship Qualification Badge
with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar during his last enlistment period of service were omitted from
the final DD Form 214.  Additionally, several of the earlier DD Forms 214
did not include the notation of the earlier authorized qualification
badges.  It is appropriate to correct the records to reflect these awards.

7.  Rather than issuing corrections to several different DD Forms 214, it
would be appropriate to make the corrections only to his final DD Form 214
and include under current standards, record of all of his authorized awards
on the final DD Form 214.

8.  Therefore, the applicant’s final DD Form 214 should be corrected by:


      a.  awarding him the Korea Defense Service Medal;


      b.  showing he attended the Noncommissioned Officers Course in 1958;
and


      c.  listing his authorized awards as the Good Conduct Medal with four
loops, the Army Occupation Medal with Germany clasp, the National Defense
Service Medal, the Korea Defense Service Medal, the Expert Marksmanship
Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship
Qualification Badge with Rifle and Carbine Bars, and the Marksman
Marksmanship Qualification Badge with Carbine Bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JLP___  __RMN__  __ CD___  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:


      a.  awarding him the Korea Defense Service Medal;


      b.  showing he attended the Noncommissioned Officers Course in 1958;


      c.  listing all of his awards as the Good Conduct Medal with four
loops, the Army Occupation Medal with Germany clasp, the National Defense
Service Medal, the Korea Defense Service Medal, the Expert Marksmanship
Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship
Qualification Badge with Rifle and Carbine Bars, and the Marksman
Marksmanship Qualification 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 the Korean Service Medal and showing combat skills training or
attendance at the “Air-Transportability School”.




                            __       Carmen Duncan_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004691                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     | . . . . .                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |100                                     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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