IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080015533
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 separation document (DD Form 214) be corrected by adding all awards.
2. The applicant states, in effect, his DD Form 24 should be corrected to include all awards he is eligible for based on his overseas service.
3. The applicant provides his DD Form 214 in support of his application.
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 records show that he initially enlisted in the Regular Army and entered active duty on 14 December 1959. He was trained in and awarded military occupational specialty 178.10/46C (NIKE-Hercules Missile Mechanic).
3. On 13 December 1963, he was honorably discharge for the purpose of immediate reenlistment. The DD Form 214 he was issued at the time shows he earned the Army Good Conduct Medal (AGCM), Expert Marksmanship Qualification Badge with Carbine Bar, and Basic Missileman Badge during the period of active duty service covered by the separation document (14 December 1959-13 December 1963).
4. On 14 December 1963, the applicant reenlisted for 3 years. His Enlisted Qualification Record (DA Form 20) shows he completed overseas tours in Korea from 16 November 1960 through 5 March 1962 and in Germany from 16 September 1963 through 30 May 1966.
5. Item 33 (Appointments and Reductions) of the applicant's DA Form 20 shows that he attained the rank of sergeant (SGT) on 16 May 1962, and that this is the highest rank he attained while serving on active duty. Item 41 (Awards and Decorations) shows that he earned the following awards: National Defense Service Medal (NDSM), AGCM (2nd Award), Expert Marksmanship Qualification Badge with Carbine Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
6. On 1 September 1966, the applicant was honorably discharged in the rank of SGT after completing a total of 7 years, 10 months, and 26 days of active military service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards: AGCM (2nd Award), NDSM, Expert Marksmanship Qualification Badge with Carbine Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
7. A National Personnel Records Center (NPRC) letter, dated 2 May 2007, shows that the applicant's entitlement to the Korea Defense Service Medal (KDSM) was verified and that the Army would issue and ship him the award.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-20 contains guidance on the KDSM. It states, in pertinent part, that the KDSM was authorized by Section 543, National Defense Authorization Act, 2003, and is authorized for 30 consecutive or 60 non-consecutive days of service in Korea between 28 July 1954 and a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that his DD Form 214 should be corrected to include an award he is authorized for his overseas service was carefully considered and found to have merit. The evidence of record confirms the applicant served in Korea from 16 November 1960 through 5 March 1962. As a result, he is authorized to receive the KDSM, as confirmed in a 2 May 2007 NPRC letter. Therefore, it would be appropriate to add this award to the list of awards contained in item 26 of his separation document.
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 by amending item 26 of his 1 September 1966 DD Form 214 by adding the Korea Defense Service Medal and by providing him a correction to his separation document that includes this change.
___________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) AR20080015533
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ABCMR Record of Proceedings (cont) AR20080015533
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