IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001693


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:

* completion of the Noncommissioned Officers (NCO) Course on 12 April 1957
* all campaign ribbons awarded
* weapons qualifications
* the "Korean Defense Ribbon"
* any other awards due

2.  The applicant states his DD Form 214 should reflect NCO Course certification presented at Camp Jecelin, Korea, on 12 April 1957 and numerous weapons qualification certifications.

3.  The applicant provides:

* DD Form 214
* I Corps (Group) NCO Academy NCO Course Certificate of Graduation
* Honorable Discharge Certificate

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 complete 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 that 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.  A National Archives and Records Administration (NARA or NA) Form 13038 (Certification of Military Service) shows the applicant was a member of the Army of the United States from 15 July 1952 to 22 May 1958.  He was honorably released from active duty in the rank of sergeant.

4.  NARA also found a DA Form 1 (Morning Report) for Company D, 2nd Battle Group, 34th Infantry Regiment, 7th Infantry Division, Eighth U.S. Army, Camp Hovey, Korea, dated 1 May 1958.  This document shows the applicant as an assigned loss pending his return to the United States for separation.

5.  The applicant provides his DD Form 214 which shows:

* he was called to active duty from the Enlisted Reserve Corps on 6 August 1956
* he was an infantryman
* he was released from active duty on 21 May 1958
* no decorations or service schools

6.  There are no records available to indicate awards and or badges earned by the applicant.

7.  Historical documents pertaining to NCO training indicate that NCO academies have long operated unofficially.  The Korean War brought an urgent need for better-trained small unit leaders.  This led to the formal creation of the Army's NCO academy system in 1957 when the Department of the Army published its first regulation to establish standards for NCO academies.  The 25 June 1957 directive stated the "purpose of NCO academies is to broaden the professional knowledge of the NCO and instill in him the self-confidence and sense of responsibility required to make him a capable leader of men."  This regulation authorized, but did not require, division and installation commanders to establish NCO academies.  It set forth a standard pattern for training NCO's and fixed the minimum length of a course at 4 weeks.

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

	a.  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.

	b.  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.

	c.  A basic marksmanship qualification badge is awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.  They are issued in unit orders.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect when the applicant was separated provided:

* block 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – enter decorations, etc., awarded or authorized during the period covered by the DD Form 214
(under current standards, awards from all periods of service are entered)
* block 28 (Service Schools or Colleges, College Training, Courses, and/or Post-Graduate Courses Successfully Completed) – enter service schools, 
etc., including dates and major courses which were successfully completed; this entry also includes military-sponsored courses in civilian schools and colleges during the period covered by the DD Form 214

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests awards and training be added to his DD Form 214.

2.  Unfortunately, the applicant's complete service records are not available.  From the few documents that are available, it is known he served from 15 July 1952 to 22 May 1958 from the NA Form 13038.  This suggests 5-plus years of active service; however, his DD Form 214 indicates he was called from inactive duty for a period of 2 years on 6 August 1956.

3.  Most likely the applicant was inducted on 15 July 1952 in response to the Korean War.  He may have served in Korea during the latter stages of the war and, if so, would have been eligible for such awards as the Korean Service Medal and United Nations Service Medal.  Unfortunately, there is insufficient evidence with which to award these medals.

4.  Without records, it is impossible to say which weapons the applicant qualified with and in which classes.

5.  The applicant's verifiable service does entitle him to awards of the National Defense Service Medal and Korea Defense Service Medal and they should be added to his DD Form 214.

6.  The applicant attended and completed the I Corps (Group) NCO Academy NCO Course, graduating on 12 April 1957.  In June 1957, Headquarters, Department of the Army, published a regulation standardizing NCO academies and requiring a minimum 4-weeks of training.  If that standard was in place in Korea when the applicant graduated on 12 April 1957, it means he would have started training on 18 March 1957.  In the interest of justice and equity, it would be appropriate to correct the applicant's records to show he attended the I Corps (Group) NCO Academy NCO Course from 18 March 1957 to 12 April 1957 as indicated below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the National Defense Service Medal and Korea Defense Service Medal to his DD Form 214
* adding to his DD Form 214 in block:

28a:  I Corps (Group) NCO Academy NCO Course

28b:  18 March-12 April 1957

28c:  Leadership

2.  The Board further determined 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 any other awards or badges.



      _________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)                                         AR20110001693



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001693



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1