IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100024242
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 Korea Defense Service Medal (KDSM).
2. He states the KDSM was not listed on his DD Form 214.
3. He does not provide any additional evidence.
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 record shows he enlisted in the Regular Army on 3 August 1961. He was credited with 2 years, 11 months, and 29 days of active service and was honorably released from active duty on 1 August 1964.
3. His DA Form 24 (Service Record) shows he served in Korea from 2 March 1962 to 8 March 1963. Section 9 (Medals, Decorations, and Citations) shows he was awarded the following:
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (Light Machine Gun) by Headquarters, 400th Regiment, Special Orders 25, dated 8 December 1961
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (Browning Automatic Rifle) by Headquarters, 400th Regiment, Special Orders 25, dated 8 December 1961
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar by Headquarters, 1st Brigade, 8th Cavalry Division, Special Orders 285, dated 10 December 1962
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show any awards or decorations.
5. Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.
6. A review of his DD Form 214 indicates he is entitled to an additional award and badges that are not shown on this form.
7. Army Regulation 600-8-22 provides that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period 1 January 1961 and 14 August 1974, inclusive.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Korea from 2 March 1962 to 8 March 1963. Therefore, he is entitled to the KDSM and correction of his records to show this award.
2. The evidence of record shows he met the qualifications for award of the NDSM. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. The evidence of record also shows he qualified as Sharpshooter with the light machine gun and the rifle. He also qualified as marksman with the automatic rifle. Therefore, he is entitled to correction of his DD Form 214 to show these weapons qualification badges.
BOARD VOTE:
__X_____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding to item 26 of his DD Form 214 the following:
* Korea Defense Service Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Automatic 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) AR20100024242
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ABCMR Record of Proceedings (cont) AR20100024242
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