Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090018600
Original file (20090018600.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090018600 


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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korea Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

2.  The applicant states these awards are not on his DD Forms 214.

3.  The applicant provides his DD Form 214 for the period ending 22 March 1957 and a letter from the National Personnel Records Center.

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 22 May 1954.  He was awarded the military occupational specialty of 511.10 (carpenter).

3.  The applicant's DA Form 24 (Service Record) shows he served in Korea during the period 4 June 1956 to 1 March 1957.

4.  His DD Form 214 for this period of service shows he was released from active duty on 22 March 1957 as an overseas returnee and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  This document shows he completed 2 years, 10 months, and 1 day of total active service.

5.  He enlisted in the Regular Army for three years on 6 March 1959 and he was released from active duty on 17 April 1962 after completing 3 years, 1 month, and 12 days of total active service.  The highest pay grade he held during this period of service was pay grade E-5.  His DD Form 214 for this period shows he was awarded no awards or decorations.

6.  The applicant's DA Form 24 for his second period of active service shows he earned the Expert Marksmanship Qualification Badge with M-1 Rifle Bar on 6 May 1959 and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar on 7 June 1960.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korea Defense Service Medal.  Specified criteria for the award of the Korea Defense Service Medal is as follows:  a) service members of the Armed Forces must have served in support of the defense of the Republic of 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 Korea, and the contiguous water out to 12 nautical miles and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive days.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes that for item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) enter decorations, etc., awarded or authorized during the period covered by the DD Form 214 from section 9, DA Form 24.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he served in Korea for over 30 consecutive days after 28 July 1954.  As such, it would be appropriate to add the Korea Defense Service Medal to his DD Form 214 for the period ending 22 March 1957.

2.  The applicant's DA Form 24 for the period of service ending on 17 April 1962 shows he earned the Expert Marksmanship Qualification Badge with M-1 Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar during that period of service.  As such, it would be appropriate to add these marksmanship qualification badges to his DD Form 214 for this period.

3.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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.  adding to item 26 of his DD Form 214 for the period ending 22 March 1957 the Korea Defense Service Medal; and

	b.  adding to item 26 of his DD Form 214 for the period ending on 17 April 1962 the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine 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)                                         AR20090018600



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090018600



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2003 | 2003085591C070212

    Original file (2003085591C070212.rtf) Auto-classification: Approved

    The applicant's DA Form 24 (Service Record) for the period 17 March 1953 to 4 March 1957 shows the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal, the First Class Artillery Badge and the Sharpshooter Marksmanship Qualification Badge with Antiaircraft Artillery Bar as authorized awards in Section 9 (Medals, Decorations, and Citations). Based on his service from 17 March 1953 through 17 May 1955, the applicant is entitled to award of the National...

  • ARMY | BCMR | CY2007 | 20070002824

    Original file (20070002824.txt) Auto-classification: Approved

    Army Regulation 600-8-22, in pertinent part, authorizes award of the Vietnam Service Medal for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Records show that the applicant served in four campaigns in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 24 of his DD Form 214, with an effective date of 31 October 1970, the Army Commendation Medal, Army Good Conduct Medal (5th...

  • ARMY | BCMR | CY2006 | 20060004691C070205

    Original file (20060004691C070205.doc) Auto-classification: Approved

    The applicant requests that his final DD Form 214 (Report of Transfer or Discharge) be corrected to include award of the Korean Service Medal and the Army Occupation Medal with Germany clasp and to show he attended the Noncommissioned Officers School, the “Air-Transportability School” and had Combat Infantry Training. The applicant’s record includes six DD Forms 214. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse...

  • ARMY | BCMR | CY2014 | 20140002839

    Original file (20140002839.txt) Auto-classification: Approved

    Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. The applicant's DD Form 214 for the period ending 4 November 1971 shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 31 May 1973 to add award of the: * Bronze Star Medal * National...

  • ARMY | BCMR | CY2011 | 20120000344

    Original file (20120000344.txt) Auto-classification: Approved

    The applicant requests correction of the records of his deceased father, a former service member (FSM), to show award of the: * Army Good Conduct Medal * National Defense Service Medal * Korea Defense Service Medal 2. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the...

  • ARMY | BCMR | CY2013 | 20130000703

    Original file (20130000703.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 20 October 1959 to show the Airborne Course * his DD Form 214 for the period ending 2 February 1965, to show in: * item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the: * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Overseas Service Ribbon * United...

  • ARMY | BCMR | CY2014 | 20140020406

    Original file (20140020406.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1980 by adding the following awards: * Marksmanship Qualification Badge with Carbine Bar (M-1 Rifle) * Marksmanship Qualification Badge with Rifle Bar (M-16) (shown as AR-16) * Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Marksmanship Qualification Badge with Hand Grenade Bar * Second Award, Oak Leaf Cluster (no award identified) *...

  • ARMY | BCMR | CY2008 | 20080008923

    Original file (20080008923.txt) Auto-classification: Approved

    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 evidence of record shows that the applicant served in the Republic of Korea during a qualifying period for award of the Korean Defense Service Medal. __________ _ 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...

  • ARMY | BCMR | CY2012 | 20120005685

    Original file (20120005685.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his second award of the Bronze Star Medal and award of the Meritorious Service Medal. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Bronze Star Medal by official orders. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD...

  • ARMY | BCMR | CY2009 | 20090017002

    Original file (20090017002.txt) Auto-classification: Approved

    The applicant's military service records are not available to the Board for review. 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.