IN THE CASE OF:	  

		BOARD DATE:	       12 May 2009

		DOCKET NUMBER:  AR20090000109 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his authorized awards.

2.  The applicant states, in effect, that his DD Form 214 only shows his [Army] Good Conduct Medal.

3.  The applicant provides copies of his DD Forms 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 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.  On 28 February 1953, the applicant enlisted in the Mississippi Army National Guard.

3.  On 26 January 1955, the applicant was called to active duty.  His military occupational specialty was 111.00 (Light Weapons Infantryman).

4.  On 8 September 1955, the applicant arrived in the Republic of Korea and was subsequently assigned to Service Company, 21st Infantry Regiment.

5.  Section 9 (Medals, Decorations and Citations) of the applicant's DA Form 24 (Service Record) shows that Special Orders Number 154, Headquarters, 21st Infantry Regiment, dated 25 June 1956, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  On 2 December 1956, the applicant departed the Republic of Korea and returned to the United States on 23 December 1956.

7.  On 24 December 1956, the applicant was released from active duty and transferred back to the Mississippi Army National Guard.

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 24 December 1956, lists his awards as the [Army] Good Conduct Medal.

9.  On 8 June 1957, the applicant was appointed a Reserve commissioned officer of the Army as a second lieutenant, Armor and accepted an appointment with the Mississippi Army National Guard.

10.  The "Cuban Missile Crisis" occurred during October 1962 and ultimately resulted in the United States forming a naval blockade of Cuba and the negotiation with the Soviet Union to remove their missiles from Cuba.

11.  Executive Order 11053 called the applicant to active duty effective
30 September 1962.  He was released from active duty on 23 October 1962.

12.  The applicant was ordered to active duty for training during the period from 14 February to 1 July 1966 for the purpose of attending the Associate Armor Officer Career Course.

13.  The applicant continued to serve with the Mississippi Army National Guard; attained the rank of major, pay grade O-4; and was subsequently transferred to the Retired Reserve in September 1976.   
14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal.  The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003.  It 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 area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 
12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

15.  Army Regulation 600-8-22 (Military Awards) as amended provides 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that all of his awards are not listed on his DD Form 214.

2.  Records show the applicant served in the Republic of Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, this award should be shown on his DD Form 214.

3.  Records show that the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award.

4.  Records show that special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this award should also be shown on 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 by:

a. showing in addition to the award shown on his DD Form 214, effective 
24 December 1956, his authorized awards include the Korea Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and
   
   b.  adding the National Defense Service Medal to the applicant’s DD Form 214, effective 23 October 1962.




      _______ _ 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)                                         AR20090000109



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ABCMR Record of Proceedings (cont)                                         AR20090000109



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