IN THE CASE OF:	

		BOARD DATE:	      14 OCTOBER 2009

		DOCKET NUMBER:  AR20090008865 


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 award of the Korean Service Medal and any ribbons, medals, or badges received during his military service and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Sharpshooter Marksmanship Qualification Badge with Rifle (Garand) and (BAR) (Browning Automatic Rifle) Bars.

2.  The applicant states a Sharpshooter's Medal with two bars, the Garand and BAR, was issued to him in boot camp at Fort Dix, NJ.  He adds that he should be entitled to the Korean Service Medal as he was on a troop ship, the General George. A. McCrea, when the truce was being discussed. 

3.  The applicant did not provide any 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 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's DD Form 214 shows that he was inducted into the Army in New York City, NY, on 13 March 1953.  This form also shows that at the time of his separation, the applicant's most significant duty assignment (i.e., his last duty assignment) was with the 7805th AU (appears to be an Augmentation Unit).

4.  The applicant’s DD Form 214 further shows that he completed 1 year, 11 months, and 14 days of creditable military service, of which 1 year, 5 months, and 24 days was foreign service.  He was honorably released from active duty on 26 February 1955 in the rank/grade of corporal and transferred to the Army Reserve to complete his Reserve obligation. 

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal and the Good Conduct Medal.  Item 27 does not show the Korean Service Medal and/or any marksmanship badges.

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  The Korean Service Medal was established on 8 November 1950.  It is awarded for service between 27 June 1950 and 27 July 1954, under any of the following conditions: within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander in Chief, Far East (CINCFE), other than one within the territorial limits of Korea, which has been designated by the CINCFE, as having directly supported the military efforts in Korea; or when a member was furnished an individual certificate by the CINCFE, testifying to material contribution made in direct support of the military efforts in Korea.  The service prescribed must have been performed under any of the following conditions: on permanent assignment; on temporary duty for 30 consecutive days or 60 nonconsecutive days; or in active combat against the enemy under conditions other than these two reasons, provided a combat decoration has been awarded or an individual certificate has been furnished by the commander of an independent force or of a division, ship, or air group, or comparable or higher unit, testifying to such combat credit. 
7.  Chapter 8 of Army Regulation 600-8-22 states that the purpose of awarding badges is to provide for public recognition by tangible evidence of the attainment of a high degree of skill, proficiency, and excellence in tests and competition, as well as in the performance of duties.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified [emphasis added] in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  Orders were required during the applicant's period of service; however, they are no longer required for award of the marksmanship qualification badges.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Korean Service Medal and any ribbons, medals, or badges received during his military service.  He also contends that his DD Form 214 should be corrected to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (Garand and BAR).

2.  With respect to the Korean Service Medal, there is no evidence that the applicant served within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the CINCFE, other than one within the territorial limits of Korea, which had been designated by the CINCFE, as having directly supported the military efforts in Korea; or that he was furnished an individual certificate by the CINFE, testifying to material contribution made in direct support of the military efforts in Korea.  Therefore, there is insufficient evidence to show that he met the criteria for award of the Korean Service Medal.

3.  With respect to the marksmanship badges, there is no evidence in the available record and the applicant did not provide any evidence that shows he qualified with any weapon systems and/or was awarded any marksmanship badges at the time.  In the absence of orders or any other documentary evidence such as a memorandum, letter, roster, or other locally devised form, showing the date and class of qualification, there is insufficient evidence to grant the applicant relief. 






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  _____X___  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __XXX_____   ___
               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)                                         AR20090008865



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ABCMR Record of Proceedings (cont)                                         AR20090008865



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