RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070012574 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. David K. Haasenritter

Chairperson

Mr. James R. Hastie

Member

Mr. Edward E. Montgomery

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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1983 be amended to add the Korea Defense Service Medal (KDSM), the Marksman Marksmanship Qualification Badge with Missile Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars, and to show he is authorized to wear the Overseas Service Ribbon with Numeral 4.

2.  The applicant states that an administrative error was made.

3.  The applicant provides no additional evidence.

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.  After having had prior service, the applicant enlisted in the Regular Army in November 1970.

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he completed tours in Germany from 20 April 1965 through 30 March 1967; in Vietnam from 2 May 1968 through 1 May 1969 (and was credited with participation in four campaigns); in Korea from 2 September 1974 through           1 August 1975; and in Hawaii from 7 April 1978 through 14 May 1981.

4.  Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 shows only that he was awarded an unknown qualification badge for the M16 Rifle.

5.  The applicant was released from active duty on 31 May 1983 for length of service retirement.  His DD Form 214 for the period ending 31 May 1983 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Good Conduct Medal (Fifth Award), the Republic of Vietnam Campaign Medal with Device (1960), the Army Service Ribbon, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Army Commendation Medal (Second Oak Leaf Cluster), the Overseas Service Ribbon with Numeral 2, the Drill Sergeant Identification Badge, the Meritorious Service Medal, and the Expert Marksmanship Qualification Badge Rifle Bar (M-16).

6.  Army Regulation 600-8-22 (Military Awards) states the KDSM is awarded as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of 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 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 and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

7.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Originally, the Overseas Service Ribbon was not awarded if the service was recognized with another U.S. service medal.  This restriction was eliminated with the regulation dated 11 December 2006.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

8.  Army Regulation 600-8-22, 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.

9.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served a complete tour in Korea and therefore is eligible for award of the KDSM.  This award should be added to his DD Form 214 for the period ending 31 May 1983.

2.  The applicant served four complete overseas tours.  Under the revised eligibility criteria for award of the Overseas Service Ribbon, he is eligible to wear the Numeral 4 on this service medal.  His DD Form 214 for the period ending    31 May 1983 should be amended accordingly.

3.  There is no evidence of record and the applicant provides none to show he was awarded the Marksman Marksmanship Qualification Badge with Missile Bar or the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars.  

4.  In addition, the Expert Marksmanship Qualification Badge with Rifle Bar is already listed on the applicant’s DD Form 214 for the period ending 31 May 1983.  Since the expert-level badge is higher than the sharpshooter-level badge, and presuming that the expert-level badge was his latest-awarded qualification badge with the rifle bar, then only the Expert Marksmanship Qualification Badge with Rifle Bar would be worn and/or entered on the DD Form 214.

5.  The applicant received credit for participation in four campaigns while in Vietnam.  Therefore, he is eligible to wear 4 bronze service stars on his Vietnam Service Medal.  His DD Form 214 for the period ending 31 May 1983 should be amended to reflect this fact.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__dkh___  __jrh___  __eem___  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 amending his DD Form 214 for the period ending 31 May 1983 to add the Korea Defense Service Medal, to show that he is eligible to wear the Numeral 4 on his already-awarded Overseas Service Ribbon, and to show that he is eligible to wear 4 bronze service stars on his already-awarded Vietnam 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 amending his DD Form     214 for the period ending 31 May 1983 to add the Marksman Marksmanship Qualification Badge with Missile Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle Bars.




	_David K. Haasenritter
          		CHAIRPERSON




INDEX

CASE ID
AR20070012574
SUFFIX

RECON

DATE BOARDED
20080125
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.04
2.

3.

4.

5.

6.