IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100017758 


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 overseas service bar, Korean Service Medal, the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states his DD Form 214 lists his overseas service as 1 year, 7 months, and 21 days but does not specify he served in Okinawa from April 1954 through November 1955.  He further states he was in Headquarters (HQ) Battery, 97th Anti-aircraft Artillery (AAA) Group but was TDA (temporary duty attached) to the Air Force's 15th Weather Squadron at Kadena Air Force Base, Okinawa.

3.  The applicant provides the following:

* National Personnel Records Center letter
* DD Form 214
* Supporting statement
* Four orders
* Two certificates

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 to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 15 September 1953 and held military occupational specialty 215.20 (Weather Observer).

4.  His DD Form 214 further shows he was honorably released from active duty on 1 September 1956 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  He completed a total of 2 years, 11 months, and 17 days of total active service, of which 1 year, 7 months, and 21 days was foreign service.

5.  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows his last duty assignment as HQ Battery, 45th AAA, Chicago, IL.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "NA" (not applicable).

7.  His reconstructed record does not contain a DA Form 20 (Enlisted Qualification Brief) to verify his units of assignment or to show the conduct and efficiency ratings he received throughout his military service.

8.  The applicant provides a statement signed by a Agustin B**** wherein it states he and the applicant were TDA to the 15th Weather Squadron, Kadena Air Force Base from April 1954 until November 1955.

9.  Army Regulation 600-8-22 (Military Awards) provided for the following awards:

	a.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. under any of the following conditions:  within the territorial limits of Korea or in waters immediately adjacent thereto; with a unit under the operational control of the Commander-in-Chief, Far East (CINCFE), other than one within the territorial limits of Korea which has been designated by the CINCFE as having directly supported the military efforts in Korea.  The service must have been performed while on permanent assignment or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or in active combat against the enemy.

	b.  Basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the applicant's sincerity, the available record does not contain any evidence nor did he provide sufficient evidence to establish his service in Korea or Okinawa during a qualifying period for award of the Korean Service Medal.  Therefore, regrettably there is an insufficient basis for correction of his records to show this award. 

2.  With respect to the Army Good Conduct Medal, the evidence of record does not contain any evidence nor did he provide any evidence to show he met the criteria for this award.  Therefore, there is insufficient evidence upon which to base award of the Army Good Conduct Medal.
3.  With respect to the marksmanship qualification badge, there is no evidence in his records and he did not provide any evidence that shows he qualified with the M-14 rifle or the degree of such qualification.  In the absence of orders, memorandum, an endorsement, a disposition form, or a weapon qualification score sheet that shows he qualified with the M-14 rifle and/or the degree of qualification, there is insufficient evidence to award him this badge.

4.  With respect to the overseas service bar, there is no effective relief for addition of an overseas service bar to his DD Form 214 as it is an item of clothing and not governed by pertinent regulations for addition to an individual's DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ 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)                                         AR20100017758





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ABCMR Record of Proceedings (cont)                                         AR20100017758



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