IN THE CASE OF:
BOARD DATE: 24 August 2010
DOCKET NUMBER: AR20100009051
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 that the Drill Sergeant Identification Badge and all of the additional overseas awards that were approved after he retired be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the Drill Sergeant Identification Badge is not shown on his DD Form 214. The Korean service awards that were approved after his retirement should also be added.
3. The applicant provides copies of the orders for his Drill Sergeant Identification Badge.
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 served on continuous active duty in the Regular Army from 9 March 1966 to 30 September 1987 until he retired as a master sergeant, pay grade E-8.
3. Army Training Center and Fort Jackson, South Carolina Permanent Orders Number 20-4, dated 10 August 1976, awarded him the Drill Sergeant Identification Badge.
4. He served in Korea from January to October 1981.
5. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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.
6. The regulation also states that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the Drill Sergeant Identification Badge and all Korean service awards should be added to his DD Form 214
2. He was awarded the Drill Sergeant Identification Badge by official orders. He is also authorized the Korea Defense Service Medal. These awards should be added to his final DD Form 214.
3. The Republic of Korea War Service Medal was authorized for a period of service before the applicant entered active duty. Therefore, he is not eligible for this medal.
4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below.
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 adding the Drill Sergeant Identification Badge and the Korea Defense Service Medal to the awards already listed on his final DD Form 214.
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 that portion of the application that pertains to award of the Republic of Korea War 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) AR20100009082
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100009051
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019919
Application for correction of military records (with supporting documents provided, if any). The applicant states: * item 11 on his DD Form 214 should be corrected to show he served in military occupational specialty (MOS) 12B2O (combat engineer) for 2 years and in MOS 12B3O for 4 years * item 13 on his DD Form 214 should be corrected to show award of the Republic of Korea War Service Medal (ROKWSM) and the Korean Service Medal (KSM) * he completed the Sapper Leader Course in 1986 3. Army...
ARMY | BCMR | CY2012 | 20120001228
The applicant requests the Bronze Star Medal and the Purple Heart be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). The absence of these awards from his DD Form 214 was almost inevitable given that award of the Bronze Star Medal for heroism was not approved until some 6 months after the fact and only a few days before the applicant's release from active duty. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090005052
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of entry on active duty as 19 August 1948 instead of 19 August 1946, and award of the Korean Service Medal, the United Nations Service Medal, the [Republic of] Korea War Service Medal, and the Korea Defense Service Medal. With respect to award of the Korean Service Medal and the Republic of Korea War Service Medal: a. his DD Form 214 shows he completed 2...
ARMY | BCMR | CY2014 | 20140018636
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the "Korea Campaign Medal." The applicant states he served in Korea for 17 months and his service records unit assignments should reflect his time in Korea during war time. Because the applicant was awarded a silver service star with his Korean Service Medal, it is reasonable to presume he met the criteria for this award and should have his DD Form 214 corrected to...
ARMY | BCMR | CY2012 | 20120006668
He also states he was awarded the: * Army Good Conduct Medal * National Defense Service Medal * Korean Service Medal * Korea Defense Service Medal * Korean War Commemorative Medal * Combat Infantryman Badge 4. The available evidence does not show he completed a qualifying period of service in Korea on or after 28 July 1954 for award of the Korea Defense Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110015997
The applicants military records are not available to the Board for review. His DD Form 214 shows: * he served from 25 January 1952 through 24 January 1955 * he was honorably released from active duty as a sergeant (SGT)/E-5 * he completed the 3-week Basic Airborne Course at Fort Benning * he held military occupational specialty (MOS) 1666 (Medical Aidman) * he served in Korea with the 187th Airborne Regimental Combat Team, but his dates of assignment cannot be determined from the available...
ARMY | BCMR | CY2011 | 20110024025
The applicant's complete military records are not available to the Board for review. Army Regulation 600-8-22 states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 4 December 1950 in Korea;...
ARMY | BCMR | CY2014 | 20140018616
The applicant requests: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 3 additional bronze service stars for wear on his already-awarded Korean Service Medal * award of the Army Good Conduct Medal 2. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award. As a result, the Board...
ARMY | BCMR | CY2008 | 20080008408
The applicant requests his records be corrected to show award of the Korean Service Medal and United Nations Service Medal, and any other medals to which he may be entitled. The National Defense Service Medal (NDSM) was awarded for honorable active service for any period between 27 June 1950 and 27 July 1954. c. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. d. The United Nations Service Medal (UNSM) was awarded...
ARMY | BCMR | CY2014 | 20140003047
The applicant requests reconsideration of his previous request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he is authorized two bronze service stars for wear on his already-awarded Korean Service Medal. Therefore, there is sufficient evidence to justify correction of his DD Form 214 to show the Korean Service Medal with two bronze service stars. Based on his service in Korea during the period June 1952 to April 1953, he is...