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 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 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.
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