IN THE CASE OF:	

		BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090017002 


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 additional awards to accurately reflect his military service and accomplishments.

2.  The applicant states he served on active duty and performed temporary duty with the 2nd Infantry Division in the Republic of Korea (ROK) for 48 days during the summer of 1955.  He adds he qualified expert with the M1 rifle.  As a result, he believes he is entitled to the National Defense Service Medal, Korean Service Medal, Republic of Korea Presidential Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant provides no additional documentary evidence 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.  The applicant's military service 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 to constitute a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the U.S. Army on 18 October 1954, honorably released from active duty on 17 October 1956, and transferred to the U.S. Army Reserve, Military Michigan District, to complete his Reserve obligation.  At the time he had completed 2 years of net active service. His DD Form 214 shows in:

   a.  Item 24 (Statement of Service), block c (Foreign and/or Sea Service), the entry "NA."

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Sharpshooter Marksmanship Qualification Badge with Carbine Bar and Expert Marksmanship Qualification Badge with Carbine Bar.

4.  There is no evidence that shows the applicant served in the ROK during the period of service under review.

5.  There is no evidence the applicant was authorized award of the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence the applicant was convicted by court-martial, no record of adverse information, or that his commander denied him award of the Army Good Conduct Medal.

7.  A National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 13 March 2003, verified the applicant's entitlement to the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  He was also advised he was not authorized the National Defense Service Medal because he was not on active duty during an authorized period for the service medal.
8.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations:

   a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

   b.  The Korean Service Medal is awarded for qualifying service in the Korean theater of operations between 27 June 1950 and 27 July 1954.

   c.  The Republic of Korea Presidential Unit Citation is awarded by the Korean government.

       (1)  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists those units awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Orders.

       (2)  The 2nd Infantry Division was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 16 September 1950 to
26 October 1953 by Headquarters, Department of the Army, General Orders Number 10 (1954).

   d.  A U.S. Army Basic Marksmanship Qualification Badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar is 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. 

       (1)  Table 8-2 (Weapons for Which Component Bars are Authorized) shows for carbine weapons the component bar with the inscription "Carbine" is authorized.

       (2)  The M1 carbine (formally the United States Carbine, Caliber .30, M1) is a lightweight semi-automatic carbine that became a standard firearm in the U.S. military during World War II and the Korean War, and was produced in several variants.  It was widely used by U.S. and foreign military and paramilitary forces.
   
   
9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show additional authorized awards to accurately reflect his military service and accomplishments.

2.  Records show the applicant served on active duty from 18 October 1954 through 17 October 1956.  The National Defense Service Medal was not authorized during this period of service.  Therefore, the applicant is not entitled to the National Defense Service Medal.

3.  There is no evidence, and the applicant provides insufficient evidence, to show he served in the ROK.  More importantly, the Korean Service Medal was not authorized during the period of service under review.  Therefore, the applicant is not entitled to the Korean Service Medal.

4.  General orders cited the 2nd Infantry Division for award of the Republic of Korea Presidential Unit Citation for actions during the period 16 September 1950 to 26 October 1953.  The applicant did not enter active duty until October 1954.  Therefore, the applicant is not entitled to the Republic of Korea Presidential Unit Citation.

5.  The applicant contends he qualified expert with the M1 rifle, however:

	a.  The evidence of record shows the United States Carbine, Caliber .30, M1, is a lightweight semi-automatic carbine that became a standard firearm in the Korean War.

   b.  Item 26 of the applicant's DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar and Sharpshooter Marksmanship Qualification Badge with Carbine Bar.
   
   c.  When weapon qualifications are awarded the same bars, the highest qualification badge is recorded and issued.
   
   d.  The expert qualification is higher than the sharpshooter qualification.

   e.  Despite the unnecessary entry of the Sharpshooter Marksmanship Qualification Badge with Carbine Bar, no action is being taken to delete the entry.

	f.  There is no evidence the applicant qualified expert or that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is not entitled to correction of his DD Form 214 to show the badge and component bar. 

6.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (first award) and correct his records to show this award.

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:

   a.  awarding the applicant the Army Good Conduct Medal (first award) for exemplary conduct, efficiency, and fidelity for the period 18 October 1954 to
17 October 1956; and

	b.  correcting item 26 of his DD Form 214 to add the Army Good Conduct Medal.



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 application that pertains to the National Defense Service Medal, Korean Service Medal, Republic of Korea Presidential Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar.



      _______ _  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)                                         AR20090017002







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ABCMR Record of Proceedings (cont)                                         AR20090017002



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