RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 May 2007
      DOCKET NUMBER:  AR20060016768



      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Mr. Antonio Uribe                 |     |Member               |
|     |Mr. Rodney E. Barber              |     |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 Korean occupation and service
medals be added to his separation document (DD Form 214).

2.  The applicant states, in effect, that his DD Form 214 does not include
awards he earned based on his service in Korea.

3.  The applicant provides his DD Forms 214, dated 16 November 1960 and
4 October 1963, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 4 October 1963, the date of his discharge.  The
application submitted in this case is dated 14 November 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 record shows that he initially enlisted in the Regular
Army and entered active duty on 27 October 1958.  His Service Record (DA
Form 24) shows that in Korea from 3 November 1959 through 26 October 1960
and in Germany from 3 October 1961 through 26 September 1963.  Section 9
(Medals, Decorations, and Citations) shows that during his active duty
tenure, he earned the Expert Marksmanship Qualification Badge with Rifle (M-
14), Pistol and Carbine Bars and the Sharpshooter Marksmanship
Qualification Badge with Rifle (M-1) Bar.

4.  On 16 November 1960, while serving in Korea, the applicant was
honorably discharged for the purpose of immediate reenlistment.  The DD
Form 214 he was issued at this time shows he held the rank of specialist
four (SP4), and that he earned the Expert Marksmanship Qualification Badge
with Pistol and Carbine Bars and the Sharpshooter Marksmanship
Qualification Badge with Rifle (M-1) Bar.  On 17 November 1960, he
reenlisted for 3 years.

5.  On 4 October 1963, the applicant was honorably separated, in the rank
of SP4, after completing a total of 4 years, 11 months, and 9 days of
active military service.  The DD Form 214 he was issued at this time he
earned the Expert Marksmanship Qualification Badge with Pistol and Rifle (M-
14) Bars during this period of active duty service.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 2-10 contains guidance on the National Defense Service
Medal (NDSM).  It states, in pertinent part, that it is authorized for any
period of honorable active duty service completed during any period between
27 June 1950 and 27 July 1954; 1 January 1961 and 14 August 1974; 2 August
1990 and
30 November 1995; and from 11 September 2001 to a date to be determined.

7.  Paragraph 2-20 of the awards regulation contains guidance on the Korea
Defense Service Medal (KDSM).  It states that this award was authorized by
Section 543, National Defense Authorization Act (NDAA), 2003, and is
authorized for award to members of the Armed Forces of the United States
who have served in Korea on active duty in support of the defense of the
Republic of Korea.  It further states, in pertinent part, that it is
authorized for 30 consecutive or 60 non-consecutive days of service in
Korea during the period from 28 July 1954 to a date to be determined by the
Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is authorized additional awards
based on his service in Korea was carefully considered and found to have
merit.  The KDSM was established by the NDAA of 2003 and is authorized for
service in Korea during the period 29 July 1954 through a date to be
determined by the Secretary of Defense.  The evidence of record confirms
the applicant served in Korea from 3 November 1959 through 26 October 1960.
 Therefore, he is authorized this award and it would be appropriate to add
it to his record and separation document at this time.

2.  By regulation, in pertinent part, the NDSM is authorized for any period
of honorable active duty service completed between 1 January 1961 and 14
August 1974.  Therefore, based on the honorable active duty service the
applicant completed between 1 January 1961 and 4 October 1993, he is also
authorized the NDSM.  As a result, it would also be appropriate to add this
award to his record and separation document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___ENA _  __AU___  __REB __  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 National Defense Service Medal and Korea Defense Service Medal; and
by providing him a correction to his separation document that includes
these awards.

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 a Korea occupation or service medal.




                            _____Eric N. Andersen _____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016768                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/05/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1963/10/04                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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