BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110004875 


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) for the period ending 7 June 1965 to show his record of overseas service in Korea, any service ribbons he is entitled to, and his rank.

2.  The applicant states he served in Korea from February 1964 to February 1965 but there is no mention of it on his DD Form 214.  He states there are no service ribbons listed either.  He further states his rank is not shown on his copy of his DD Form 214.

3.  The applicant provides his DD Form 214 and DD Form 256A (Honorable Discharge Certificate).  He also indicated he was providing a copy of the orders promotion him to the grade of E-5; however, it was not received with his application.

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 requested that his rank be added to his DD form 214 for the period ending 7 June 1965.  His DD Form 214 contained in his record for the period ending 7 June 1965 currently shows his rank/grade as SP5 (specialist five)/E-5.  A copy of the DD Form 214 of record will be provided to the applicant with these Proceedings.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 29 February 1960 for a period of 3 years.  He completed training and he was awarded military occupational specialty (MOS) 140.07 (basic field artillery).  He was honorably discharged for the purpose of immediate reenlistment.  He attained the rank/grade of private first class (PFC)/E-3 during this period of service.  He completed 2 years, 2 months, and 1 day of total active service.  The DD Form 214 he was issued at the time shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Carbine Bar
(.30 caliber (M-1))
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant reenlisted on 8 June 1962 for a period of 3 years.  He was subsequently reclassified into MOS 717.10 (administrative specialist) on 27 May 1964.  

5.  Section 5 (Service Outside Continental United States) of his DA Form 24 (Service Record) shows he departed San Francisco, CA en route to Korea on
24 January 1964 and he arrived in Korea on 26 January 1964.  While in Korea, he was assigned to the 7th Administration Company.  He served in Korea until 17 January 1965 when he departed Korea for his follow on assignment in the United States.

6.  He was honorably released from active duty on 7 June 1965 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years of creditable active service this period for a total of 5 years, 2 months, and 1 day of active service.  The DD Form 214 he was issued at the time shows in:


	a.  item 24c (Foreign and/or Sea Service) the entry "1  0  0" indicating 1 year of foreign service;

	b.  item 26 the Army Good Conduct Medal (1st Award);

7.  Item 28 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows that on 20 April 1964, the applicant qualified Expert with the
M-14 rifle.

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal 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.

9.  Army Regulation 600-8-22 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.

10.  Army Regulation 600-8-22 sets forth requirements for award of 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.  

11.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for:

	a.  item 24c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater service was performed, e.g., "Foreign and/or Sea Service (USAREUR)."


	b.  item 32 (Remarks), indicate Indochina and Korea service on or after 
5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  Sample entries are as follows:

		(1)  To show service in Vietnam only, "Vietnam – 25 Apr 70 through
28 May 71, Indochina – yes, Korea – no."

		(2)  To show service in Indochina (other than Vietnam) only, "Indochina – yes, Vietnam – no, Korea – no."

		(3)  To show service in Korea only, "Indochina – no, Vietnam – no,
Korea – yes."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served on active duty during a qualifying period for entitlement to the National Defense Service Medal.  Therefore, his DD Form 214 for the period ending 7 June 1965 should be corrected to show this award.

2.  The applicant served in Korea during a qualifying period for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 for the period ending 7 June 1965 should be corrected to show this award.

3.  He was awarded the Marksman Marksmanship Qualification Badge with Carbine Bar (M-1) during his first term of service.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 7 June 1965 to show this qualification badge.

4.  The applicant qualified sharpshooter with the M-14 rifle during his first period of service.  He subsequently qualified expert with the M-14 rifle in March 1964.  Therefore, he is entitled to correction of his DD Form for the period ending 
7 June 1965 to show the expert marksmanship qualification badge.

5.  Item 24c of the applicant's DD Form 214 for the period ending 7 June 1965 shows he served 1 year of foreign service during this period of service; however, it does not indicate that last oversea theater.  Therefore it would be appropriate to correct this DD Form 214 to show his last overseas theater as USARPAC (U.S. Army, Pacific).


6.  The regulation in effect at the time also provided for an entry in Item 32 to show a Soldier's Indochina and Korea service.  Although there is no provision to indicate the specific dates of his service in Korea, it would be appropriate at this time to correct his DD Form 214 for the period ending 7 June 1965 to show in item 32 the entry "Indochina – no, Vietnam – no, Korea – yes."

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 correcting the applicant's DD Form 214 for the period ending 7 June 1965 by:

	a.  adding to item 24c after "Foreign and/or Sea Service" the entry (USARPAC);

	b.  adding to item 26 the:

* National Defense Service Medal
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Carbine Bar (M-1)

	c.  adding to item 32 the entry "Indochina – no, Vietnam – no, Korea – yes."



      ___________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)                                         AR20110004875



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ABCMR Record of Proceedings (cont)                                         AR20110004875



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