IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110006359 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in:

* item 12 (Last Duty Assignment and Major Command) HQ BTRY, 15 AAA, AW, BN, SP 7th INF DIV
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), and Korean Service Medal (KSM)
* item 18 (intended to mean item 28 ((Service Schools or College Training, Courses and/or Post-Graduate Courses Successfully Completed)) Auto Mechanics 1, 2, and 3, and American History 1

2.  The applicant states, in effect, a clerical error occurred that failed to show his Korean service during the period 1955 through 1956.

3.  The applicant provides a copy of his DD Form 214 and a report of U.S .Armed Forces Institute (USAFI) testing.

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 enlisted in the Regular Army on 20 December 1953.  He held military occupational specialty (MOS) 632.10 (Truck Vehicle Mechanic).  

3.  The applicant's DD Form 214, dated 6 December 1956, shows the following in:

* item 12 - HQ BTRY, 5 AAA, BN
* item 24c (Foreign and/or Sea Service) - 1 year, 1 month, and 12 days
* item 26 - AGCM
* item 28 - None

4.  The applicant's DD Form 214, dated 9 April 1959, shows the following in:

* item 12 – "Cas Det, USAG, Ft Jay, NY 4 NY"
* item 24c (Foreign and/or Sea Service) - 0 years, 0 months, and 0 days
* item 26 - None
* item 28 - None
* item 29 (Other Service Training Courses Successfully Completed) - None

5.  Item 29 of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 16 October 1955 through 20 November 1956.  Item 33 (Record of Assignments) shows his last assignment as “HQ BTRY, 15th AAA Bn (SP).”

6.  The applicant provided a duplicate report from the U.S. Armed Forces Institute which is a transcript that shows completion of an American History class and three Automotive Mechanics classes (through correspondence or end-of-course tests) with rating of satisfactory in each.  

7.  Army Regulation 600-8-22 (Military Awards) states the NDSM 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.  

8.  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.

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 635-5 (Administrative Separation Procedures and Forms), in effect at the time, stated that for item 28 to enter service schools successfully completed.  For item 29, for enlisted personnel, installation training courses, military correspondence courses, and off-duty courses completed successfully during the period covered by the DD Form 214 would be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests to have his DD Form 214 corrected to change the name of his assigned unit, add the NDSM and KSM, and add military and college courses has been carefully considered.  After a careful review, it has been determined that there is sufficient evidence to grant partial relief.

2.  The applicant's records show he completed a qualifying period of service for award of the NDSM.  Therefore, it would be appropriate to correct his record to show this award.

3.  He served in Korea from October 1955 to November 1956.  This period of service does not make him eligible for award of the KSM; however, it does make him eligible for award of the Korea Defense Service Medal.

4.  The applicant's request to change the name of his assigned unit is supported by the evidence of record.  His DD Form 214 for the period ending 6 December 1956 should be corrected to show the entry, “HQ BTRY, 15 AAA, AW, BN, SP 7th INF DIV.”

5.  The applicant's request to add military education and college courses was carefully considered.  The report from the U.S. Armed Forces Institute indicates the requested courses were completed either by correspondence course or through end-of-course tests.  While they would not be appropriate for entry in item 28, as correspondence courses they would be appropriate for entry in item 29.  Any reasonable doubt should be resolved in his favor, and they should be determined to be correspondence courses and entered in item 29 of his DD Form 214 for the period ending 6 December 1956.
6.  The applicant’s DD Form 214 for the period ending 6 December 1956 already shows the AGCM; therefore, no further correction is required.

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 amending his DD Form 214 for the period ending 6 December 1956 to: 

* show in item 12 “HQ BTRY, 15 AAA, AW, BN, SP 7th INF DIV”
* add to item 26 the National Defense Service Medal and Korea Defense Service Medal
* add in item 29 Auto Mechanics 1, 2, and 3, and American History 1

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 the KSM.




      _______ _   _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)                                         AR20110006359



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ABCMR Record of Proceedings (cont)                                         AR20110006359



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