IN THE CASE OF:	  

		BOARD DATE: 31 July 2012 

		DOCKET NUMBER:  AR20110022905 


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 that he be awarded the Korea Defense Service Medal and the Noncommissioned Officer Professional Development Ribbon with Bronze Numeral "3" and correction of his DD Form 214 (Report of Separation from Active Duty) to show the following:

* Primary Military Occupational Specialty (PMOS) 31B50 (Military Police)
* Secondary Military Occupational Specialty (SMOS) 42A50 (Senior Personnel Sergeant)
* his current home address
* Korea Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon with Bronze Numeral 3 (Advance Level Course)

2.  The applicant states since his retirement the Army has authorized two more decorations on his behalf.  

3.  The applicant provides:

* DD Form 214
* Certificate of Completion for the Adjutant General Noncommissioned Officer Advanced Course
* DA Form 1059 (Service School Academic Evaluation Report) 


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's official military personnel record contains a DA Form 24 (Service Record) which shows that he had prior Regular Army (RA) service from 17 February 1958 through 16 February 1960.  His DA Form 24 shows he was assigned to Headquarters, 1st Cavalry Division, APO 24 (Korea) on 20 May 1959, when he was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.  He was still assigned to Headquarters, 1st Cavalry Division, APO 24 on 16 July 1959, when he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar.

3.  With prior enlisted service in the RA assigned in a company clerk MOS, the applicant reenlisted in the RA on 31 March 1960.  He was assigned a personnel specialist MOS.

4.  The applicant was honorably discharged on 30 March 1966.  His DD Form 214 for this period of service is barely legible.

5.  The applicant reenlisted in the RA on 31 March 1966.  The address shown on his enlistment contract as his home of record is 3xxx NW 100 Street.  He arrived in Vietnam on 1 December 1968.  While he Vietnam, he participated in the following four campaigns:

* Vietnamese Counteroffensive Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69/Counteroffensive Campaign, which extended from 23 February through 8 June 1969
* Vietnam Summer - Fall 1969 Campaign, which extended from 9 June through 31 October 1969
* Vietnam Winter - Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970

6.  The applicant departed Vietnam en-route to the United States on 2 December 1969.  On 4 January 1972, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 shows 3xxx NW 100 Street as his home of record and his mailing address after separation.  His DD Form 214 also shows he was awarded the following:

* Bronze Star Medal
* Army Commendation Medal
* Good Conduct Medal (Fourth Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Carbine, Rifle, and Pistol Bars
* Meritorious Unit Commendation
* two Overseas Service Bars

7.  The applicant reenlisted in the RA on 5 January 1972.  His enlistment contact covering this period of service shows 3xxx NW 100 Street as his home of record.

8.  On 24 April 1974, the applicant graduated from the Adjutant General Noncommissioned Officer Advanced Course.

9.  On 28 October 1975, Special Orders Number 301 were published awarding the applicant PMOS 71L5O (Administrative Specialist) and SMOS 75Z5O (Personnel Sergeant).

10.  The applicant retired on 31 March 1978.  Item 8c. (Home of Record at Time of Entry into Active Service) on his DD Form 214 covering this period shows  shows 3xxx NW 100 Street.  Item 16a. (Primary Specialty Number and Title) shows 71L5O (Administrative Specialist).  Item 17a. (Secondary Specialty Number and Title) shows 75Z5O (Personnel Sergeant).  Item 26. (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows:

* Meritorious Service Medal
* Bronze Star Medal
* Army Commendation Medal (First Oak Leaf Cluster)
* National Defense Service Medal
* Good Conduct Medal (Sixth Award)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two Overseas Service Bars

11.  Item 28. (Mailing Address after Separation) on his DD Form 214 shows 3xxx NW 100 Street.

12.  His official military record does not show that he ever was awarded PMOS 31B5O or SMOS 42A5O.

13.  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.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

14.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

15.  Army Regulation 600-8-22 states effective 1 August 1981, all Active Army, Army National Guard, and Army Reserve Soldiers in an active status are eligible for award of the Noncommissioned Officer Professional Development Ribbon for satisfactory completion of the respective Noncommissioned Officer Education System (NCOES) or Reserve Component NCOES.

16.  Army Regulation 600-8-22 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.

17.  The Army conducted a major restructuring of the enlisted MOSs in the 1990s-2000s.  During that period, MOS 95B was converted to MOS 31B and MOS 75Z was converted to MOS 42A

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  While the applicant does not specify which address on his DD Form 214 he desires to have changed, the evidence of record shows that the address shown in item 8c. and item 28 on his DD Form 214, dated 31 March 1978, are correct as currently reflected.  It shows his home of record at the time of entry into active service and his mailing address after separation.  The fact that he now has a different address is not a basis for changing the addresses shown on his          DD Form 214, which is a synopsis of the Soldier’s most recent period of continuous active duty.

3.  The applicant's records do not show that he was ever awarded PMOS 31B5O or SMOS 42A5O.  His records show he was awarded PMOS 71L5O and SMOS 75Z5O.  This information is properly reflected on his DD Form 214.  MOSs 95B and 75Z did not convert to 31B and 42A until long after he retired.

4.  The applicant is not authorized the Noncommissioned Officer Professional Development Ribbon with Bronze Number "3."  This award was established effective 1 August 1981 and it is not retroactive for Soldiers who did not have an active status on 1 August 1981.  He was not in an active status as of 1 August 1981.  His DD Form 214 should not be amended to show the Noncommissioned Officer Professional Development Ribbon with Bronze Number "3."

5.  The available records show that the applicant served in Korea while he was in the Army.  He is authorized the Korea Defense Service Medal and his DD Form 214 show be amended to reflect this award.

6.  His DD Form 214 should also be amended to show he is authorized the Expert Marksmanship Qualification Badge with Carbine Bar, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 amending item 26. on his DD Form 214, dated 31 March 1978, to add the Korea Defense Service Medal, the Expert Marksmanship Qualification Badge with Carbine Bar, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 amending his DD Form 214 to show PMOS 31B5O, SMOS 42A5O, his current address, or the Noncommissioned Officer Professional Development Ribbon with Bronze Number "3."




      __________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)                                         AR20110022905



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ABCMR Record of Proceedings (cont)                                         AR20110022905



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