IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110014874
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 award of the Republic of Korea Presidential Unit Citation.
2. The applicant states he was assigned to Headquarters Company,
15th Antiaircraft Artillery Automatic Weapons Battalion, 7th Infantry Division in Korea from September 1955 to January 1957 and his unit was cited for the award.
3. The applicant provides:
* his DD Form 214
* his Honorable Discharge Certificate
* a Cold War Recognition Certificate
* his Veterans of Foreign Wars of the United States member card
* an extract of Headquarters, Department of the Army General Orders (DAGO) Number 5, dated 9 November 1971
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 25 March 1955. He was awarded military occupational specialty (MOS) 161.10 (Antiaircraft Artillery Automatic Weapons Crewman).
3. The applicant's DA Form 24 (Service Record) shows in:
a. section 4 (Chronological Record of Military Service) he was assigned to Headquarters Company, 15th Antiaircraft Artillery Automatic Weapons Battalion, 7th Infantry Division [Korea], from 15 October 1955 to 4 January 1957; and
b. section 9 (Medals, Decorations, and Citations) the:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Good Conduct Medal
4. The applicant was honorably released from active duty on 6 February 1957 and he was transferred to the U.S. Army Reserve (USAR), California Military District, to complete his Reserve obligation. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated 17 August 2004, shows the Army Good Conduct Medal and the Korea Defense Service Medal.
5. DAGO Number 50, dated 9 November 1971, announced award of the Republic of Korea Presidential Unit Citation to the 7th Infantry Division during the period August 1945 to December 1948 and 17 September 1950 to 27 March 1971.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant was assigned to Headquarters Company,
15th Antiaircraft Artillery Automatic Weapons Battalion, 7th Infantry Division (Korea) from 15 October 1955 to 4 January 1957. General orders announced
award of the Republic of Korea Presidential Unit Citation to the 7th Infantry Division for the period 17 September 1950 to 27 March 1971. Therefore, the applicant is entitled to correction of his DD Form 214 to show this foreign unit award.
2. The evidence of record also shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, his DD Form 214 should be corrected to show this qualification badge.
3. In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 as recommended below.
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:
* Republic of Korea Presidential Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
___________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) AR20110014874
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ABCMR Record of Proceedings (cont) AR20110014874
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