IN THE CASE OF:	  

	BOARD DATE:	  5 June 2008

	DOCKET NUMBER:  AR20080006334 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his military records to show he served in the U.S. Navy from December 1951 to April 1953 and that he served in the Army from October 1955 to August 1972.  He also requests that his DD Form 214 (Report of Transfer or Discharge) for the period ending 31 July 1972 be corrected to show the Meritorious Service Medal.

2.  The applicant provides no explanation. 

3.  The applicant provides orders and a citation for the Meritorious Service Medal; and DD Forms 214 for the periods ending 15 April 1955, 17 June 1963, and 31 July 1972.

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.  The applicant’s military records are not available to the Board.  This case is being considered using the records provided by the applicant.  

3.  The applicant’s DD Form 214 for the period ending 15 April 1955 shows that he enlisted in the U.S. Navy on 10 January 1952 and was honorably discharged on 15 April 1955.  This DD Form 214 shows that he completed 3 years, 
3 months, and 6 days of service during this period and that he had 6 months and 2 days of other service in the National Guard.  This DD Form 214 also shows the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal with one bronze service star, and the China Service Medal as authorized awards.  

4.  The applicant’s Regular Army enlistment contract is not available.  

5.  The applicant’s DD Form 214 for the period ending 17 June 1963 shows that he reenlisted in the Regular Army on 7 October 1958 for a period of 6 years.  He was honorably discharged on 17 June 1963 to accept a Warrant Officer appointment.  This DD Form 214 shows that he completed 4 years, 8 months, and 11 days of service during this period and that he had 6 years, 9 months, and 
8 days of other service (in item 24a(2)), for a total of 10 years, 11 months, and 
17 days of total active service.  This DD Form 214 shows the Korean Service Medal with one bronze service star, the National Defense Service Medal, the United Nations Service Medal, the Good Conduct Medal with one loop, the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Carbine Bar, a Letter of Commendation, and a Letter of Appreciation as authorized awards.    

6.  The applicant’s DD Form 214 for the period ending 31 July 1972 shows he entered active duty on 18 June 1963.  On 31 July 1972, he retired in the rank of Chief Warrant Officer Three.  This DD Form 214 shows that he completed 
9 years, 1 month, and 13 days of service during this period and that he had 
11 years, 5 months, and 19 days of other service, for a total of 20 years and 
1 month of total active service.  This DD Form 214 shows the National Defense Service Medal with First Oak Leaf Cluster, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the United Nations Service Medal, the Korean Service Medal with one bronze service star, the China Service Medal, the Good Conduct Medal, two awards of the Overseas Service Bar, the Armed Forces Expeditionary Medal (Vietnam and Korea), the Air Medal with 31 Oak Leaf Clusters, the Distinguished Flying Cross with Oak Leaf Cluster, the Vietnamese Distinguished Flying Cross with Silver Star Division Level, the Army Aviator Badge, and the Navy Good Conduct Medal as authorized awards.  

7.  Headquarters, Fifth United States Army General Orders Number 229, dated 10 July 1972, show the applicant received the Meritorious Service Medal. 
8.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time stated, in pertinent part, that the date entered on active duty or date enlistment or reenlistments accomplished would be entered in item 19c on the DD Form 214.  If the service record of an enlisted member of the Regular Army indicated that he was discharged from previous enlistment or enlistments and immediately reenlisted without being furnished a DD Form 214, the date to be entered in this item would be the earliest date not previously covered by a DD Form 214.  The regulation stated that all prior service, excluding any service shown in item 24a(1) (Net Service This Period), would be entered in item 24a(2) (Other Service).

9.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  

	(1)  while on permanent assignment;

	(2)  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

	(3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 
 
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant’s contention that he served in the U.S. Navy from December 1951 to April 1953.  His DD Form 214 for the period ending 15 April 1955 shows that he enlisted in the U.S. Navy on 
10 January 1952, that he was discharged from the U.S. Navy on 15 April 1955, and that he had 6 months of other service in the National Guard.   In any case, the applicant would have to apply to the Board for Correction of Naval Records for correction of that DD Form 214.

2.  The applicant’s contention that he enlisted in the Regular Army in October 1955 was noted.  However, his initial enlistment contract in the Regular Army is not available so his inclusive dates of service for his first enlistment cannot be determined.  Therefore, there is insufficient evidence on which to amend his records to show he first enlisted in October 1955.  His DD Form 214 for the period ending 17 June 1963 does show that he had 6 years, 9 months, and         8 days of other service (presumably his National Guard, U. S. Navy, and prior Regular Army service).

3.  Orders show the applicant received the Meritorious Service Medal.

4.  The applicant served a period of qualifying service for award of the ROKWSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  __xx____  ___xx___  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 adding the Meritorious Service Medal and the ROKWSM to his DD Form 214 for the period ending 31 July 1972.

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 amendment of his military records to show he served in the U.S. Navy from December 1951 to April 1953 or that he served in the Army from October 1955 to August 1972.



      _________xxxx___________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006334



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ABCMR Record of Proceedings (cont)                                         AR20080006334



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