RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 June 2007
      DOCKET NUMBER:  AR20060017255


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Joe Schroeder                 |     |Member               |
|     |Mr. Chester Damian                |     |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 Report of Transfer or Discharge (DD
Form 214) be corrected to include all of the awards and decorations to
which he is entitled.

2.  The applicant states that when he received his DD Form 214 there were
no medals or awards listed.  He states that over the past years, he has
applied for and received the National Defense Service and the Korean
Defense Service Medal; however, they were never included on his DD Form
214.  He states that he previously requested that his decorations be
included on his DD Form 214 and that the response that he received was a
request for a copy of the orders granting him the decorations.  The
applicant goes on to describe the packaging in which his decorations were
received and he requests that his records be updated and that he be
furnished a new DD Form 214 that includes his decorations.

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 2 November 1963.  The application submitted in this case
is dated 30 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.  On 5 December 1960, the applicant enlisted in the Army in New York
City, New York, for 3 years, in the pay grade of E-1.  He successfully
completed his training as an X-ray specialist.  He was promoted to the pay
grade of E-2 on 5 April 1961; promoted to the pay grade of E-3 on 8
September 1961; and promoted to the pay grade of E-4 on 1 June 1962.

4.  The available records indicate that the applicant departed the
Continental United States (CONUS) in route to Korea on 16 October 1962 and
that he arrived in Korea on 3 November 1962.  He was assigned to the 121st
Evaluation Hospital in Korea on 6 November 1962.  On 18 December 1962, the
applicant was assigned to the 125th Medical Detachment.

5.  The applicant was promoted to the pay grade of E-5 on 6 March 1963 and
he was subsequently assigned to the United States Army Support Group for
Korean Dependent Housing on 6 May 1963.  He departed Korea on 15 October
1963 and he arrived in CONUS on 1 November 1963.

6.  The applicant was honorably released from active duty on 2 November
1963, under the provision of Army Regulation 635-200, chapter 7, as an
overseas returnee.  The DD Form 214 that he was furnished indicates that he
was furnished the Marksman Marksmanship Qualification Badge (Rifle M-1).

7.  On 7 December 1999, the applicant was notified by the National
Personnel Records Center, Chief, Army Reference Branch that he was entitled
to the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  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 period of eligibility is 28 July
1954 to a date to be determined by the Secretary of Defense.

9.  Army Regulation 672-5-1 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he is entitled to the National
Defense Service Medal and the Korea Defense Service Medal.  He served in
the Republic of Korea during a qualifying period; therefore, his records
should now be corrected to reflect these decorations.

2.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.



3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 November 1963; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 1 November 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:

__LS____  __JS____  __CD___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 amending his DD Form 214 to show that
he was awarded the National Defense Service Medal and the Korea Defense
Service Medal.




                            _____Linda Simmons________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060017255                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070605                                |
|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/NDSM                           |
|3.  1058                |107.0141/KDSM                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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