IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026871 


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, in effect, correction of his records to show award of the National Defense Service Medal (NDSM), Korea Defense Service Medal (KDSM), Korean Service Medal (KSM), United Nations Korea Medal (taken to means the United Nations Service Medal (UNSM), Army Reserve Components Achievement Medal (ARCAM), and the Armed Forces Reserve Medal (AFRM).  He further requests that his records be corrected to show he qualified as an expert with the .45 caliber pistol; the .30, .50, and .60 caliber machine guns; the grenade launcher; and the M29A1 mortar.

2.  The applicant states he was awarded the NDSM, KDSM, KSM, UNSM, and the ARCAM.  He adds that he should have been awarded the AFRM and that he qualified expert with the .45 caliber pistol; .30, .50, and .60 caliber machine guns, grenade launcher, and the M29A1 mortar.

3.  The applicant provides a DARP Form 249-2-E (Chronological Statement of Retirement Points).

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 was inducted into the Army of the United States on 23 June 1966 and he served until 3 May 1967 when he was released from active duty.  He was commissioned as a U.S. Army Reserve (USAR) second lieutenant (2LT)/O-1 on 4 May 1967 with concurrent call to active duty as a supply officer.

3.  He was honorably released from active duty on 3 May 1969 at the expiration of his active duty commitment in the rank/grade of first lieutenant (1LT)/O-2.  He was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years, 10 months, and 11 days of total active service.

4.  The DARP Form 249-2-E provided by the applicant shows he continued to serve in the USAR from 4 May 1969 through 3 May 1972.  He served in the Army National Guard during the period 4 May 1972 through 3 May 1975.  He again served in the USAR during the period 4 May 1975 through 11 July 1995.  This form shows he completed 11 years, 10 months, and 11 days of qualifying service for retirement.  It also shows he attained 50 retirement points during 11 qualifying years within a 14-year period.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 only shows the Armed Forces Expeditionary Medal.

6.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows award of the ARCAM on 22 January 1980.

7.  His officer evaluation documents indicate he served in Korea as a commissioned officer during the period 4 May 1967 to 31 July 1968.

8.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

9.  Army Regulation 600-8-22 states the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

10.  Army Regulation 600-8-22 states the 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.

11.  Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

12.  The AFRM was established by Executive Order 10163, as announced in Department of the Army Bulletin 15, 1950, and was amended by Executive Order 10439, announced in Department of the Army Bulletin 3, 1953 and Executive Order 13013, dated 6 August 1996.  The AFRM is awarded for honorable and satisfactory service as a member or former member of one or more of the Reserve Components of the Armed Forces of the United States, including the Coast Guard Reserve and the Marine Corps Reserve, for a period of 10 years under the following conditions:

   a.  Such years of service must have been performed within a period of 12 consecutive years.

   b.  For service performed on or after 1 July 1949, a member must accumulate, during each anniversary year, a minimum of 50 retirement points as prescribed in Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service).

	c.  Officers holding Reserve commissions serving on the Active Duty List (ADL) are, by statute, members of the Reserve Component.  Time served as a Reserve officer on the ADL counts toward eligibility for the AFRM.

13.  Army Regulation 600-8-22 states the ARCAM is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of 


qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he met the qualifying criteria for award of the NDSM and KDSM.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  His records show he was already awarded an ARCAM.  However, there is insufficient documentation available to determine whether he would be eligible for additional awards of this medal.  Additionally, there is no DD Form 214 for the covered period of the ARCAM for which to add this award.  Therefore, there is no record to correct regarding this award.

3.  There is no evidence he was awarded or met the eligibility criteria for award of KSM or the UNSM.  As such, there is no basis for adding these awards to his DD Form 214.

4.  His DARP Form 249-2-E shows he accumulated a minimum of 50 retirement points during at least 10 anniversary years.  However, this was not accomplished within a period of 12 consecutive anniversary years.  As such, evidence indicates he did not meet the eligibility criteria for award of the AFRM.

5.  There is no available evidence of his qualification ratings for the .45 caliber pistol; .30, .50, and .60 caliber machine guns; grenade launcher; or the M29A1 mortar.  Therefore, there is no basis for adding the requested qualification ratings to his DD Form 214.

6.  In view of the foregoing, the applicant is entitled to have his records corrected as shown 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 to item 24 of his DD Form 214 for the period ending 3 May 1969 the National Defense Service Medal and the Korea Defense Service Medal.

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 adding to his DD Form 214 the Korean Service Medal, United Nations Service Medal, Armed Forces Reserve Medal, and the Army Reserve Components Achievement Medal.  The Board further recommends denial of adding to his DD Form 214 the qualification ratings for the .45 caliber pistol; .30, .50, or .60 caliber machine guns; grenade launcher; or the M29A1 mortar.



      ____________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)                                         AR20100026871



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ABCMR Record of Proceedings (cont)                                         AR20100026871



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