IN THE CASE OF:	

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090021367 


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 award of the National Defense Service Medal (NDSM), Pistol Marksmanship Instructor, Korea Defense Service Medal (KDSM), Excellence in Competition Pistol Badge, and Distinguished Pistol Shot Badge.

2.  The applicant states the awards are not shown on his DD Form 214.

3.  The applicant provides the following documents in support of this application:

* DD Form 214 for the period ending 10 June 1955
* DD Form 214 for the period ending 5 September 1958
* memorandum, dated 1 September 1956, subject:  Qualified Pistol Marksmanship Instructor
* memorandum, dated 17 June 1958, subject:  Credit Toward Distinguished Designation
* letter from the National Personnel Records Center (NPRC), dated 14 May 2004

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 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 to conduct a fair and impartial review of this case.

3.  The applicant is requesting correction of his DD Form 214 to show award of Pistol Marksmanship Instructor, Excellence in Competition Pistol Badge, and Distinguished Pistol Shot Badge.  However, these badges are not identified in Army Regulation 600-8-22 (Military Awards) as authorized marksmanship badges which may be recorded on a DD Form 214.  Therefore, this part of the applicant's request will not be discussed further in this Record of Proceedings.

4.  The applicant was appointed as a cadet in the U.S. Army Military Academy (USMA) on 7 July 1953 and was discharged from the USMA on 10 June 1955.  On 18 October 1955, he enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 141.60 (Howitzer Section Chief).

5.  On 5 September 1958, the applicant was honorably released from active duty. 
Item 12 (Last Duty Assignment and Major Command) of the DD Form 214 he was issued at the time lists Headquarters Battery, 7th Infantry Division Artillery, 7th Infantry Division, [Tangduchon-ni, Republic of Korea], as his last duty assignment and item 24c (Foreign and/or Sea Service) shows he served 1 year, 3 months, and 12 days of foreign and/or sea service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Good Conduct Medal.

6.  The applicant's available records contain a DD Form 215 (Correction to DD Form 214), dated 14 August 2003, which corrected his DD Form 214 for the period ending 5 September 1958 by adding to item 26 the Republic of Korea Presidential Unit Citation.

7.  In support of this application, the applicant provided a letter from the NPRC which informed him of his entitlement to the KDSM.

8.  Army Regulation 600-8-22 states the NDSM 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.  This regulation also provides that cadets of the USMA are eligible for the NDSM during any of the inclusive periods listed above upon completion of the swearing-in ceremonies as a cadet.

9.  Army Regulation 600-8-22 states the KDSM 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the NDSM and the KDSM has been carefully reviewed and found to have merit.

2.  The applicant was appointed as a cadet in the USMA on 7 July 1953 and was discharged from the USMA on 10 June 1955.  Therefore, he served a period of qualifying service for award of the NDSM and is entitled to have his DD Form 214 corrected to show this award.

3.  The applicant also served a period of qualifying service for award of the KDSM as evidenced by the fact he was awarded the Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to have his DD Form 214 further corrected to show this award.

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 amending his DD Form 214 for the period ending 10 June 1955 by adding the National Defense Service Medal and by amending his DD Form 214 for the period ending 5 September 1958 by adding the Korea 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 this case.

ABCMR Record of Proceedings (cont)                                         AR20090021367



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ABCMR Record of Proceedings (cont)                                         AR20090021367



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