IN THE CASE OF:	  

		BOARD DATE:	    22 May 2012

		DOCKET NUMBER:  AR20110022689 

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 (Report of Separation from Active Duty) to show his foreign service in the Republic of Korea (ROK) and award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The applicant states, in effect, that Item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 for the period ending 18 February 1977, should be marked "Yes."  He contends he served with the 51st Signal Battalion in Uijongbu, Korea from 17 May 1970 to 13 December 1971.

3.  The applicant provides:

* DD Form 214 for the period ending 13 December 1971
* DD Form 214 for the period ending 18 February 1977
* DA Form 20 (Enlisted Qualification Record) prepared on 18 June 1969 and last audited on 19 January 1971
* DA Form 2-1 (Personnel Qualification Record) prepared on 3 October 1974 and last reviewed on 3 November 1976

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 (RA) on 13 June 1969 for a period of 3 years.  He held military occupational specialty (MOS) 36H (Dial Central Office Repairer).

3.  After completing his advanced individual training he was assigned to:

* Company C, 51st Signal Battalion (Corps), ROK from 19 May 1970 through 16 June 1971
* Company A,  51st Signal Battalion (Corps), ROK from 17 June 1971 to 
13 December 1971

4.  On 13 December 1971, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  He again enlisted in the RA on 3 December 1973 and retained his prior MOS of 36H.  During this enlistment he was assigned to the:

* 589th Signal Company, Germany from 4 November 1974 through
7 November 1974
* 578th Signal Company, Germany from 8 November 1974 to 18 February 1977

6.  Item 9 of his DA Form 2-1 last reviewed on 3 November 1976 shows, in part, the:

* M16A1 –
* M14 Rifle – Exp[ert] Qual[ification] Badge

7.  On 18 February 1977, he was honorably discharged by reason of hardship.  He completed 3 years, 2 months, and 16 days of net active service this period.


8.  His record contains a DA Form 2-1 annotated as "TEMPORARY 2-1 PREPARED 770218."  Item 9 of this form shows the entry "Rifle M-16 Exp[ert] Qual[ification] Bad[ge].

9.  His DD Form 214 for the period ending 18 February 1977 shows in:

* Item 19 an "xx" in the "No" block
* Item 26 (Decorations, Medals, Badgers, Commendations, Citations and Campaign Ribbons Awarded or Authorized)  the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Good Conduct Medal
* Expert Qualification Badge

10.  His record contains a DA Form 1577 (Authorization for Issuance of Awards), dated 18 November 1996, that authorized the issuance of the "Expert Badge with Automatic Rifle Bar," taken to be the M-16 rifle.

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time stated, in effect, for item 19, for service in Korea, place an "X" in the "yes" block and give specific dates of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in the Republic of Korea from
19 May 1970 to 13 December 1971.  Therefore, item 19 of his DD Form 214 for the period ending 18 February 1977 should be corrected accordingly.

2.  His DD Form 214 for the period ending 18 February 1977 shows the entry "ExpQualBad" which indicates he received an Expert Marksmanship Qualification Badge; however, the type of weapon is not indicated.  Although the regulation in 


effect at the time did not specify the entry would include the type of weapon, it would be appropriate to correct his record to show he qualified expert with both the M-14 and M-16 rifles.  Therefore, his DD Form 214 for the period ending
18 February 1977 should be corrected accordingly.

3.  Records show that the applicant served in the Republic of Korea during a qualifying period for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 for the period ending 18 February 1977 should be corrected to show this award.

4.  In view of the foregoing, the applicant's DD Form 214 for the period ending
18 February 1977 should be corrected 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:

	a.  deleting from item 19 of the DD Form 214 for the period ending
18 February 1977 the current entry and replacing it with an "x" in the "Yes" block followed by the entry "Korea – 17 May 1970 to 13 December 1971;

	b.  deleting from item 26 of his DD Form 214 for the period ending
18 February 1977 the entry "ExpQualBad"; and

	c.  adding to item 26 of his DD Form 214 for the period ending 18 February 1977 the:

* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)


* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)



      __________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)                                         AR20110022689



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ABCMR Record of Proceedings (cont)                                         AR20110022689



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