RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 April 2007
      DOCKET NUMBER:  AR20060014228


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Ernestine Fields              |     |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 Report of Transfer or
Discharge
(DD Form 214) be corrected to show that he was awarded the National Defense
Service Medal, the Korea Defense Service Medal, and the Expert Infantryman
Badge.

2.  The applicant states that he was awarded an infantryman military
occupational specialty when his was assigned to the 8th Cavalry, 1st
Cavalry Division in Korea from 1961 to 1962, which was considered to be a
combat zone at that time.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 December 1963.  The application submitted in this case
is dated 29 September 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.  On 5 December 1960, the applicant enlisted in the Army in Albuquerque,
New Mexico, for 3 years, in the pay grade of E-1.  He successfully
completed his training as a heavy vehicle driver.

4.  The applicant was promoted to the pay grade of E-2 on 2 April 1961.  On
10 May 1961, the applicant was transferred to Korea where he arrived on 14
May 1961.  When he arrived in Korea, he was assigned to Headquarters and
Headquarters Company, 1st Brigade, 8th Cavalry.

5.  The applicant was promoted to the pay grade of E-3 on 1 July 1962 and
he returned to the Continental United States on 4 September 1962.  He was
promoted to the pay grade of E-4 on 10 July 1963.
6.  The applicant was honorably released from active duty (REFRAD) on
4 December 1963, at the expiration of his term of service and he was
transferred to the United States Army Reserve Control Group
(Reinforcement).

7.  The DD Form 214 that the applicant was furnished at the time of his
REFRAD indicates that he was awarded the Army Good Conduct Medal and the
Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures for awards, in pertinent part, paragraph 8-8 provides for award
of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge
requires that an individual must have satisfactorily completed the
prescribed proficiency tests while assigned or attached to an infantry unit
of at least battalion size.  To be eligible for testing and award of the
Expert Infantryman Badge, a Soldier must be in an active Army status and
must have an infantry or special forces specialty.

9.  Army Regulation 600-8-22 (Military Awards) states that the Korea
Defense Service Medal is authorized for award to members of the Armed
Forces of the United States who have served on active duty in support of
the defense of the Republic of Korea.  The area of eligibility and period
of eligibility are as follows:  (1) the area of eligibility encompasses all
land area of the Republic of Korea, and the contiguous water out to 12
nautical miles; and (2) all air spaces above the land and water area.  The
period of eligibility is 28 July 1954 to a date to be determined by the
Secretary of Defense.

10.  Army Regulation 672-5-1 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service for any
period between 27 July 1950 through 27 July 1954 and 1 January 1961 through
14 August 1974, inclusive.  This regulation also provides that to signify a
second award of the National Defense Service Medal a bronze service star
will be worn on the service ribbon.

DISCUSSION AND CONCLUSIONS:

1.  According to the applicable regulation, the applicant is not entitled
to the award of the Expert Infantryman Badge.  The available records show
that while he was in Korea, he was serving in a heavy truck driver military
occupational specialty.  Therefore, he did not meet the qualifications for
award of the Expert Infantryman Badge.



2.  However, according to the available records, the applicant is entitled
to the Korea Defense Service Medal and the National Defense Service Medal.
Therefore, his DD Form 214 should be amended to show these awards.

3.  In view of the foregoing, it would be interest of justice to correct
the applicant's records as recommended below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 December 1963; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 3 December 1966.  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

__KW___  __LD  ___  __EF ___  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 the National Defense Service Medal.

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
adding the Expert Infantryman Badge to his DD Form 214.



                            _____ Kenneth Wright________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060014228                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070410                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  115                 |107.0069/NATIONAL DEF SERVICE MEDAL     |
|3.  158                 |107.0112/EXPERT INFANTRYMAN BADGE       |
|4.  1058                |107.0141/KOREA DEF SERVICE MEDAL        |
|5.                      |                                        |
|6.                      |                                        |


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