RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2008
DOCKET NUMBER: AR20070016547
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, any awards to which he is entitled for his duty in Korea. He further requests any other awards to which he may be entitled.
2. The applicant states, in effect, he served in Korea from November 1964 to November 1965. He further states he only recently found out he may be entitled to a service ribbon based on his service in Korea.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
13 November 1965.
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 personnel record shows he was commissioned a second lieutenant in the U.S. Army Reserve (USAR) on 6 November 1963 and ordered to active duty on 13 November 1963.
3. U.S. Army Transportation School, Fort Eustis, Virginia, Special Orders Number 17, dated 24 January 1964, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. The applicant was assigned to the 4th United States Army Missile Command in the Republic of Korea during the period from 3 October 1964 to 6 November 1965.
5. On 13 November 1965, the applicant was released from active duty by reason of his completion of his active duty commitment. He had completed 2 years and
1 day of active service that was characterized as honorable.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 contains the entry "NONE."
7. The applicant was discharged from the USAR effective 23 May 1977.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal. This regulation specifies criteria for the award of the Korea Defense Service Medal 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, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and 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. Only one award of the Korea Defense Service Medal is authorized for any individual.
9. Army Regulation 600-8-22 provides, in pertinent part, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the Republic of Korea after 28 July 1954 for a period of more than 30 consecutive days. Therefore, he is authorized the Korea Defense Service Medal.
2. The applicant served honorably during the period 1 January 1961 through
14 August 1974. Therefore, the applicant is authorized the National Defense Service Medal.
3. Orders in the applicant's military personnel record awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
BOARD VOTE:
__JLP __ __TSK__ __DWT__ 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 amending his DD Form 214 to show he is authorized the National Defense Service Medal, the Korea Defense Service Medal, and that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
___ TSK ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070016547
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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