IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20110024960
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 to add the following awards and decorations to his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):
* Korea Defense Service Medal (KDSM)
* National Defense Service Medal (NDSM)
* United Nations Service Medal (UNSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
2. He states the only medal listed on his DD Form 214 is the Army Good Conduct Medal (AGCM) (1st Award). His assignment with Headquarters Support Company (HSC), U.S. Army Support Group, Joint Security Area, while stationed in Korea entitles him to the UNSM.
3. The applicant provides a copy of his DD Form 214.
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. He was inducted into the Army of the United States on 11 December 1963. After completion of training, he served in military occupational specialty 31M (Radio Relay and Carrier Operator).
3. His DA Form 20 (Enlisted Qualification Record) shows the following entries:
* Item 29 (Qualification in Arms he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 28 February 1964
* Item 31 (Foreign Service) he served in Korea from 25 July 1964 through 10 July 1965
* Item 38 (Record of Assignments) during his tour in Korea he was assigned as follows:
* Company A, 4th Signal Battalion, from 25 July to 3 August 1964
* 226th Signal Company, 4th U.S. Army Missile Command from 4 August 1964 to 8 March 1965
* HSC, U.S. Army Support Group, Joint Security Area (P8-5805), from 9 March through 10 July 1965
4. On 10 December 1965, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve service obligation. He completed a total of 2 years of net active service. His DD Form 214 shows he was awarded the AGCM (1st Award).
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states:
a. The KDSM 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.
b. The NDSM 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.
c. The UNSM is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the UNSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). As such, he is entitled to addition of this badge to his DD Form 214.
2. He served on active duty in support of the defense of the Republic of Korea from July 1964 through July 1965. Therefore, he is authorized the KDSM and to addition of this award to his DD Form 214.
3. He also served honorably during a period for which the NDSM was awarded. As a result, he is entitled to this award and to addition of this award to his DD Form 214.
4. The UNSM is awarded to service members who served in Korea on behalf of the United Nations between the period 27 June 1950 and 27 July 1954. While the applicant was assigned to a unit of the United Nations, he was not assigned during the period for which this award is authorized. As such, he is not authorized this award.
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 following awards to his DD Form 214:
* KDSM
* NDSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
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 the UNSM.
__________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) AR20110024960
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ABCMR Record of Proceedings (cont) AR20110024960
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