IN THE CASE OF:	  

		BOARD DATE:	  13 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014873 


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, that his foreign service be corrected to include the time he spent in Korea and that his Parachutist Badge be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

2.  The applicant states, in effect, that he spent 13 cold months in Korea with no hot water and far away from the United States.

3.  The applicant submitted no additional documentary evidence 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 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 show he enlisted in the Regular Army on 20 June 1961.  The applicant underwent his basic combat training at Fort Knox, Kentucky, and his advanced individual training at Fort Jackson, South Carolina.  On completion of his training, he was awarded military occupational specialty (MOS) 111 (Light Weapons Infantryman) on 3 November 1961.

3.  The applicant was honorably released from active duty in the rank and pay grade of Private First Class, E-3, on 12 June 1964, under the provisions of Army Regulation 635-205, paragraph 7, due to early separation of an overseas returnee.  On the date of his release from active duty, the applicant had completed 2 years, 11 months, and 23 days of active military service.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with 81mm Mortar Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  No other awards are shown on his DD Form 214.

5.  Item 28 (Qualification in Arms) of his DA Form 20, Enlisted Qualification Record shows he qualified as and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle), on 24 January 1962, and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar 
(M-1 Carbine) on 25 November 1962.  The marksmanship qualification badges are not shown on the applicant's DD Form 214.

6.  Item 24.c (Foreign and/or Sea Service) of the applicant's DD Form 214 shows he completed 2 years, 4 months, and 4 days of foreign service in Panama.

7.  Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 (Service Record) shows he served temporarily in the Philippines (from 3 February 1962 through 16 February 1962), in Korea (from 19 October 1962 through 13 November 1963), and in the Panama Canal Zone (from 
29 December 1963 through 11 June 1964).  His total foreign service equals 1 year, 6 months, and 24 days and not, 2 years, 4 months, and 4 days as shown on his DD Form 214.

8. Item 27 (Specialized Training) of the applicant's DA Form 20 shows he completed the Basic Airborne Course on 2 December 1961.

9.  Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 shows he was awarded the Parachutist Badge by Special Orders 10, paragraph 49 prepared by Headquarters, 101st Airborne Division and Fort Campbell, Kentucky on 26 April 1962.

10.  Section 10 (Remarks) of the applicant's DA Form 24 shows the applicant was permanently disqualified from training and assignment in airborne duties and his Parachutist Badge was revoked by Special Orders 217, paragraph 78, prepared by Headquarters, 101st Airborne Division, Fort Campbell, dated 24 August 1964.

11.  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.  The applicant served during one of the qualifying periods of service; however, this award is not shown on his DD Form 214.

12.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  To be eligible for this award, service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed the Basic Airborne Course and was awarded the Parachutist Badge.  The Parachutist Badge was posted to his Service Record and to his Enlisted Qualification Record; however, the evidence shows the applicant was permanently disqualified from further training and assignment in airborne duties after 24 August 1964.  On disqualification, orders awarding him the Parachutist Badge were revoked.  The Parachutist Badge was deleted from his service records and the authority for him to wear the Parachutist Badge was withdrawn.

2.  Based on the applicant's permanent disqualification from training and assignment in airborne duties and the revocation of orders which awarded him the Parachutist Badge and its deletion from his service personnel records, he is not now entitled to have the Parachutist Badge added to his DD Form 214.

3.  The evidence shows the applicant served honorably on active duty during one of the recognized periods for award of the National Defense Service Medal.  He is therefore entitled to award of the National Defense Service Medal and to have this award added to his DD Form 214.

4.  The evidence shows that while he served on active duty, the applicant served in Korea.  Based on this service, he is entitled to award of the Korea Defense Service Medal and to have it added to his DD Form 214.

5.  Item 24.c of the applicant's DD Form 214 shows he completed 2 years, 4 months and 4 days of foreign service.  However, the total amount of foreign service is incorrect.  There is a long-standing policy not to make corrections that would leave the applicant worse off than he was when he made the request.

6.  The evidence of record shows that during his enlistment, the applicant served only 1 year, 6 months and 24 days foreign service.  This service included 14 days in the Philippines, 1 year and 26 days in the Republic of Korea, and 5 months and 14 days in the Panama Canal Zone.  The time the applicant served in Korea is already-embedded in the total foreign service shown and he is therefore not entitled to the correction he seeks.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  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 awarding the applicant, then adding, the National Defense Service Medal and the Korea Defense Service Medal 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 applicant's request to add the Parachutist Badge to his DD Form 214 and to correct his foreign service shown on his DD Form 214.  This denial is based on the fact that the time the applicant served in Korea is embedded in the total foreign service already included on 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)                                         AR20080014873



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ABCMR Record of Proceedings (cont)                                         AR20080014873



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