IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110022720
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 (Certificate of Release or Discharge from Active Duty) to show:
* his missing awards
* he qualified as an Expert marksman, not Sharpshooter
* he was injured
2. The applicant states he was in combat in the demilitarized zone in Korea. His DD Form 214 is missing some awards he received. His DD Form 214 shows he qualified as Sharpshooter; however, he qualified as Expert in Missouri, at Camp Casey, and at Fort Hood. His DD Form 214 does not show a medical injury.
3. The applicant provides no additional evidence.
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 7 June 1991. He completed training and was awarded military occupational specialty 12B (Combat Engineer).
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows:
a. in item 5 (Oversea Service) that he served in Korea from 7 October 1991 through 15 January 1992;
b. in item 9 (Awards, Decorations, and Campaigns) that he was awarded or authorized the:
* National Defense Service Medal
* Army Service Ribbon
* Oversea Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
4. The applicant's DD Form 214 shows he received a general discharge as a private/E-1 on 19 January 1993. He completed 1 year, 7 months, and 11 days of net active service. He was awarded or authorized the:
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
5. There is no available evidence showing he qualified for or was awarded the Expert Marksmanship Qualification Badge for any weapon or weapon system.
6. His service medical records are not available. There is no available evidence showing he incurred any injury while serving on active duty.
7. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served a qualifying period for entitlement to the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
2. There is no available evidence showing he qualified for the Expert Marksmanship Qualification Badge or that he incurred any injury while serving on active duty.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 adding the Korea Defense Service Medal to his DD Form 214.
2. The Board further determined 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 posting an Expert Marksmanship Qualification Badge to his DD Form 214 or recording any information showing he was injured while serving on active duty.
_____________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) AR20100025029
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110022720
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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