IN THE CASE OF:	  

		BOARD DATE:	        25 September 2008

		DOCKET NUMBER:  AR20080007436 


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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Marksman Marksmanship Qualification Badge with Carbine Bar, two awards of the Overseas Service Bar, and the Republic of Korea War Service Medal (ROKWSM).   

2.  The applicant states, in effect, that after basic combat training he received the Marksmanship medal with a carbine attachment; and that he served in Korea from January 1952 to February 1953 and was issued two gold overseas bars to wear on the left sleeve of his uniform.  He further states that as a DD Form 215 (Correction to DD Form 214) added the award of the Republic of Korea Presidential Unit Citation to his separation document, would the Korean War Medal (sic – referring to the Republic of Korea War Service Medal) also be added to his DD Form 214.  

3.  The applicant provides an Honorable Discharge Certificate; a copy of his DD Form 214; two DD Forms 215 (Correction to DD Form 214); and a letter, dated 25 June 2000, from the President of the Republic of Korea.

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 for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The applicant was inducted on 22 March 1951.  He served in Korea and was honorably discharged on 7 March 1953.

4.  The applicant's DD Form 214, as amended by DD Forms 215 dated
3 September 1998 and 9 October 1998, shows the applicant was awarded the Good Conduct Medal, National Defense Service Medal, Korean Service Medal with 3 bronze service stars, United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

5.  The applicant’s inclusive dates of service in Korea are not available.  However, item 26 (Foreign and/or Sea Service) on his DD Form 214 shows he served 1 year, 2 months, and 8 days of foreign service.    

6.  There are no orders for the Marksman Marksmanship Qualification Badge with Carbine Bar in the available records.  

7.  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.

8.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army 
outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Korea service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of the U.S. Army in Korea from 27 June 1950 until 27 July 1954.  Both the month of arrival and the month of departure from Korea are counted as whole months for credit toward the overseas service bar.

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.  There is no evidence of record which shows the applicant received the Marksman Marksmanship Qualification Badge with Carbine Bar.  Therefore, there is insufficient evidence on which to award this marksmanship badge.

2.  Based on Army Regulation 670-1, overseas service bars are items to be worn on the Soldier’s uniform and are not awards or decorations.  Therefore, there are no provisions to add the entitlement of any overseas service bars to his separation document.   

3.  The applicant served a period of qualifying service for award of the ROKWSM.  Therefore, this award should be added to his separation document.








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 ROKWSM to his DD Form 214.

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 Marksman Marksmanship Qualification Badge with Carbine Bar and adding two awards of the Overseas Service Bar to his DD Form 214.



      ________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)                                         AR20080007436



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ABCMR Record of Proceedings (cont)                                         AR20080007436



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