IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080010702
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 he was awarded the Parachutist Badge.
2. The applicant states, in effect, that the Parachutist Badge is not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a copy of his course completion certificate for the basic airborne course in support of his request.
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 record shows he enlisted on 15 December 1950. He was trained in military occupational specialty (MOS) 1745 (Light Weapons Infantryman). He was promoted to corporal (CPL/E-4) effective 27 January 1952.
3. The applicant served in Korea from 16 May to 22 October 1952. He continued to serve until he was separated by reason of physical disability on 31 October 1953. He was placed on the Retired List effective 1 November 1953.
4. The applicant's DD Form 214 shows he was awarded the Army of Occupation Medal (Japan); the United Nations Service Medal; the Korean Service Medal, with one bronze service star; the Combat Infantryman Badge; and the Purple Heart. His DD Form 214 does not show any additional awards.
5. The applicants records contain a copy of a DD Form 215 (Correction to DD Form 214), dated 21 January 1954, which shows he was awarded the Army of Occupation Medal, with Japan Clasp; the Silver Star; the Good Conduct Medal; and the National Defense Service Medal.
6. The applicant provided a copy of his course completion certificate which shows that he completed the Basic Airborne Course at Fort Benning, Georgia, and was rated as a qualified parachutist effective 10 March 1951.
7. The applicant's records contain a copy of Headquarters, The Infantry Center, Special Orders Number 48, dated 8 March 1951, which awarded him the Parachutist Badge effective 9 March 1951.
8. The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. The Department of Defense approved acceptance and wear of the ROK-KWSM. To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant completed the basic airborne course and was awarded the Parachutist Badge effective 9 March 1951. It appears that the Parachutist Badge was omitted from his DD Form 214 due to a clerical error. Therefore, he is entitled to correction of his DD Form 214 to show the already-awarded Parachutist Badge.
2. The evidence shows the applicant served in Korea during the qualifying period for award of the Republic of Korea War Service Medal. He is therefore entitled to this award and to have it added to his DD Form 214.
BOARD VOTE:
___x____ ___x____ ___x____ 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:
a. by adding the already awarded Parachutist Badge, to his DD Form 214; and
b. by awarding the applicant the Republic of Korea War Service Medal, and adding this award to his DD Form 214.
_______ _ __x_____ ___
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) AR20080010702
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080010702
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