IN THE CASE OF:
BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100007146
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 all of his awards.
2. The applicant states that he is eligible for membership in the Veterans of Foreign Wars.
3. The applicant provides, in support of his application, copies of his DD Form 214 and his military records to include assignment orders.
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. On 5 April 1955, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 131.60 (Armor Crewman).
3. Special Orders Number 42, Combat Command "B," 5th Armored Division, dated 6 June 1955, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. Special Orders Number 28, 7th Infantry Division, dated 30 January 1956, assigned the applicant to the 73rd Tank Battalion, APO 7 [located in the Republic of Korea]. He was further assigned to A Company within the battalion, effective
2 February 1956.
5. Special Orders Number 44, 7th Infantry Division, dated 20 February 1957, reassigned the applicant to the Eighth Army Replacement Depot with a report date of 26 February 1957, for surface transport to the United States for separation.
6. On 21 March 1957, the applicant was released from active duty and transferred to the United States Army Reserve. He had attained the rank of corporal and had completed 1 year, 11 months and 17 days of creditable active duty service.
7. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Good Conduct Medal.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning military awards. The Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003. 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 area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South 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 South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show all of his awards.
2. Special orders clearly show that the applicant was awarded the Sharpshooters Marksmanship Qualification Badge with Rifle Bar. Therefore, this badge should be shown on his DD Form 214.
3. Special orders clearly show that the applicant was assigned to the 73rd Tank Battalion, located in the Republic of Korea, from on or about 30 January 1956 to on or about 26 February 1957. Therefore, his DD Form 214 should be corrected to show award of the Korea Defense Service Medal.
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 showing, in addition to the award already shown on his DD Form 214, that his awards include the Korea Defense Service Medal and the Sharpshooter 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) AR20100007146
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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