RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070009261 


	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. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the National Defense Service Medal and the Korean Defense Service Medal.

2.  The applicant states that these awards were not awarded to him at the time of his separation.

3.  The applicant provides copies of his DD Form 214 and information papers for the National Defense Service Medal and the Korean Defense Service Medal.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 12 June 1961, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 716.00 (Personnel Specialist).

3.  On 2 February 1962, the applicant was assigned for duty with the1st Brigade, 7th Cavalry, in the Republic of Korea.  He was returned to the United States on 28 February 1963.

4.  On 30 April 1963, the applicant was assigned for duty with the 3rd Brigade, 6th Infantry Regiment in the United States Army Europe.  He was returned to the United States on 16 April 1964.

5.  Section 9 (Medals, Decorations, and Citations) of the applicant’s Service Record (DA Form 24) shows that Special Orders Number 179, 3rd Brigade, 6th Infantry Regiment, dated 19 August 1963 awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.
6.  On 20 April 1964, the applicant was released from active duty and transferred to the United States Army Reserve.  He had attained the rank of specialist four, pay grade E4, and had completed 2 years, 10 months, and 9 days of creditable active duty.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the Good Conduct Medal, Parachutist Badge, Armed Forces Expeditionary Medal, and the Army of Occupation Medal with Germany Clasp [for service in Berlin].  It does not show award of the National Defense Service Medal or the Korean Defense Service Medal.
 
8.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korean Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 
12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty during a qualifying period of time for award of the National Defense Service Medal.   Therefore, his records should be corrected to show this award.

2.   Records show that the applicant served in the Republic of Korea during a qualifying period for award of the Korean Defense Service Medal.  Therefore, his records should be corrected to show this award.

3.  Records show that the applicant was cited in special orders for award of the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

BOARD VOTE:

__JLP___  __WDP _  __DWS _   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the National Defense Service Medal, Korean Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.




__    William D. Powers ____
          CHAIRPERSON




INDEX

CASE ID
AR20070009261
SUFFIX

RECON
 
DATE BOARDED
20080110 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.