RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 August 2007
DOCKET NUMBER: AR20070005313
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Mr. John T. Meixell
Member
Mr. Richard T. Dunbar
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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his awards.
2. The applicant states, in effect, that he served on the demilitarized zone in the Republic of Korea in 1954, and was wounded in his left leg by shell fragments. He further states that his awards of the Purple Heart, Army of Occupation with Japan Clasp, Combat Infantryman Badge, and others that he can no longer remember, were taken away from him because Korea was a police action.
3. The applicant provides copies of his DD Form 214, an undated Letter of Commendation, and a copy of the Code of Conduct.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. The applicants DD Form 214 shows that he enlisted in the Regular Army on 17 March 1955 for 3 years. He completed his initial training and was awarded military occupational specialty 321.10 (Lineman).
4. In an undated letter, the Commanding General, Headquarters, 5th Armored Division, Camp Chaffee, Arkansas, commended the applicant for his attaining the second highest proficiency score of 214 with the M1 rifle.
5. On 4 March 1958, the applicant was honorably released from active duty and transferred to the United States Army Reserve. He had attained the rank of private first class, pay grade E3, and had completed 2 years, 11 months and
18 days of creditable active service.
6. Item 12 (Last Duty Assignment and Major Command) of the applicants
DD Form 214 indicates the United States Army Signal Group, RYIS Army Post Office 331. [This unit appears to have been located in the Ryukyu Islands.]
7. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 lists None.
8. Item 27 (wounds) of the applicants DD Form 214 lists None.
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. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that the applicant served overseas for 2 years, 4 months, and 23 days. However, it does not show that he served in the Republic of Korea. His DD Form 214 shows that his last major assignment was in the Ryukyu Islands. However, there is no available evidence to show the dates of this service. Without further evidence, a determination regarding the awards he may have received cannot be made.
2. The letter of commendation is sufficiently convincing as a basis for award of the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore, his DD Form 214 should be corrected to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__JTM __ __LE ___ ___RTD 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 award of the Expert Marksmanship Qualification Badge with Rifle 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 Purple Heart, Combat Infantryman Badge, and the Army of Occupation Medal with Japan Clasp.
__ Lester Echols______
CHAIRPERSON
INDEX
CASE ID
AR20070005313
SUFFIX
RECON
DATE BOARDED
20070823
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
107
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