IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013741
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 Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korea Defense Service Medal (KDSM).
2. The applicant states the KDSM for his service in Korea after 28 July 1954 is not listed on his DD Form 214.
3. The applicant provides:
* Standard Form 180 (Request Pertaining To Military Records) extract
* Cold War Certificate of Recognition
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 applicant enlisted in the Regular Army on 8 April 1960 for 3 years. He completed training and he was awarded military occupational specialty 631.10 (Wheeled Vehicle Mechanic). The highest rank/grade he attained was specialist four (SP4)/E-4.
3. Item 20 (Foreign Service) of the applicant DA Form 20 (Enlisted Qualification Record) shows he served in Korea during the period 22 February 1961 through 16 June 1962.
4. Item 33 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to the 54th Engineer Company while he was in Korea.
5. Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form 24 (Service Record) shows the:
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Carbine Bar
* Army Good Conduct Medal
6. On 7 April 1963, the applicant as honorably release from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He completed 3 years of total active service. The DD Form 214 he was issued at the time shows in:
* Item 24c (Foreign and/or Sea Service) he completed 1 year, 3 months, and 25 days of foreign service
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Army Good Conduct Medal
7. 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.
8. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show the KDSM was carefully considered and determined to have merit.
2. The evidence shows the applicant served during a qualifying period of active service in the Republic of Korea for the KDSM. Therefore, his DD Form 214 should be corrected to show this award.
3. He also served during a qualifying period of active service for the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
4. His record further shows he qualified expert with the Carbine and marksman with the M-1 rifle. Therefore, his DD Form 214 should be corrected to show these weapons qualifications.
BOARD VOTE:
_____X__ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 26 of his DD Form 214 the:
* National Defense Service Medal
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
_____________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) AR20110013741
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ABCMR Record of Proceedings (cont) AR20110013741
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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