IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100025897
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Expert Infantryman Badge (EIB); the Expert Marksmanship Badge with Bayonet and Automatic Rifle Bars; another Letter of Appreciation (LOA) and Letter of Commendation (LOC); and any other awards he may be entitled to receive.
2. The applicant states his DD Form 214 does not list the aforementioned badges, LOA and LOC.
3. The applicant provides Special Orders Number 188 dated 21 September 1961; Special Orders Number 157 dated 9 July 1962; his DD Form 214; and a several LOA and LOC.
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 applicants military records show that he enlisted in the Regular Army on 21 June 1960, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-3.
3. The applicant's DA Form 24 (Service Record) shows he arrived at Inchon, Korea on 29 May 1961, served with B Company, 1st Battle Group, 17th Infantry from 29 May 1961 to 15 February 1962; and with A Company, 1st Battle Group, 17th Infantry from 16 February to 29 July 1962. This form also shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle and BAR (Automatic Rifle) bars; the EIB; and two LOA and two LOC.
4. The applicant was honorably released from active duty on 20 June 1963. The DD Form 214 he was issued shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar, an LOA and an LOC.
5. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) 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. 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 or meet several criteria including: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he was awarded the EIB, Expert Marksmanship Qualification Badge with Rifle and Automatic Rifle bars; and two LOA and two LOC. As such, he is entitled to a correction of his DD Form 214 to add the EIB, the Automatic Rifle Bar to his already-awarded Expert Marksmanship Qualification Badge, and one additional LOA and LOC.
2. Also, based upon his service in Korea, he is entitled to the KDSM.
3. Unfortunately, there is no record of the applicant being awarded a Marksmanship Badge with a Bayonet Bar. Therefore, there is insufficient evidence in which to award him this bar.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL
________ ________ ________ 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 amending his DD Form 214 to add the EIB, the Automatic Rifle Bar to his already-awarded Expert Marksmanship Qualification Badge, one additional LOA and LOC, and the KDSM.
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 so much of the application that pertains to a Bayonet 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) AR20100025897
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ABCMR Record of Proceedings (cont) AR20100025897
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