IN THE CASE OF:	  

		BOARD DATE:  17 January 2012

		DOCKET NUMBER:  AR20110013374 


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 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Korea Defense Service Medal (KDSM)
* National Defense Service Medal (NDSM)
* any other awards he may be entitled to receive

2.  The applicant states:

* his U.S. Army service was honorable during the periods January
1957 through January 1960 and June 1960 through July 1963
* he served in Korea with the Company C, 8th Engineer Battalion, 1st Cavalry Division from approximately August 1958 through October 1959
* he served in Thailand with the 809th Engineer Battalion in 1963 building roads and military installations

3.  The applicant provides:

* self-authored statements
* two DD Forms 214



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 for 3 years on 11 January 1957 and was released from active duty (REFRAD) on 13 January 1960.  He was trained in and awarded military occupational specialty (MOS) 612 (Construction Machine Operator).  

3.  Section 4 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows he served in Korea with Company C, 
8th Engineer Battalion, 1st Cavalry Division during the period August 1958 to September 1959.

4.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows he was awarded the:

* Marksman Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  While in Korea, the applicant suffered first and second degree burns to his face and lips, he was temporarily incapacitated, and unable to perform his duties.  His burns were determined to have been caused by his own misconduct and his period of incapacitation was declared lost time.

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 11 January 1957 – 13 January 1960 shows:

* he was honorably REFRAD in the rank of specialist five (SP5/E-5)
* award of the Marksman Marksmanship Qualification Badge with Carbine and Rifle Bars
* three days of lost time

7.  After a short break in service, the applicant enlisted in the Regular Army for 3 years on 30 June 1960 and he was honorably discharged on 16 July 1963

8.  Item 29 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

* 7 August 1958 through 10 September 1959, 1 year 1 month, Korea
* 6 June 1961 through 8 March 1962, 9 months, Okinawa
* 9 March 1962 through 7 July 1962, 4 months, Thailand

9.  Item 33 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to both Company C and Headquarters Company, 809th Engineer Battalion (Construction), during the period 28 June 1961 through 28 August 1962.

10.  The applicant's records contain a DD Form 458 (Charge Sheet) showing he was charged with being absent without leave (AWOL) from on or about 28 January to 14 February 1962.  The records also show, on 21 February 1962, he was tried and convicted by a summary court-martial of being AWOL.

11.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 30 June 1960 – 16 July 1963 shows:

* he was honorably discharged in the rank of specialist five (SP5/E-5)
* award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* seventeen days of lost time

12.  A review of the applicant's records does not show any orders for additional awards or decorations.

13.  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 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.

14.  Army Regulation 600-8-22 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.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records be corrected to show award of the KDSM, NDSM, and any other awards he may be entitled to receive.

2.  The available evidence shows the applicant served on active duty in the Republic of Korea during a designated period of time to qualify for award of the KDSM.  Therefore, he is entitled to correction of his DD Forms 214 to show this award.

3.  The available evidence also shows the applicant served on active duty during a designated period of time (covered by his second DD Form 214) to qualify for award of the NDSM.  Therefore, he is entitled to correction of his second 
DD Form 214 to show this award.

4.  A thorough review of the applicant's records failed to reveal any other award or service medal entitlements.

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:

   a.  adding the KDSM to item 26 of his DD Forms 214 ending 13 January 1960 and 16 July 1963; and

   b.  adding the NDSM to item 26 of his DD Forms 214 ending 16 July 1963.



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 any additional awards and decorations not listed above.




      _______ _  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)                                         AR20110013374



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ABCMR Record of Proceedings (cont)                                         AR20110013374



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