IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120001207 


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) for the period ending 31 July 1979 to show all medals for his service in Korea and Okinawa.

2.  The applicant states he retired from active duty prior to the authorization of the medals which are retroactive.  He states he was assigned to Okinawa from 1960 to 1962 and to Korea from 1966 to 1967.

3.  The applicant provides:

* His DD Forms 214 for the period ending 13 July 1977 and 31 July 1979
* His DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 August 1961, 15 August 1967, and 26 November 1970

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 24 July 1959 for a period of
3 years.  He continuously served through several consecutive reenlistments until he retired in the rank/grade of sergeant first class (SFC)/E-7.  He held military occupational specialties 177 (Air Defense Missile Crewman), 16B (Hercules Missile Crewman), and 16H (Air Defense Artillery Operations Intelligence Analyst).

3.  His DA Form 2-1 (Personnel Qualification Record) shows he served in:

* Okinawa from 12 July 1960 through 28 June 1962
* Korea from 23 February 1966 through 20 March 1967
* Italy from 21 January 1968 through 8 November 1970
* Germany from 9 July 1974 through 23 July 1977

4.  He was issued a DD Form 214 for each period of active service as follows:

	a.  DD Form 214 for the period 24 July 1959 through 15 August 1961 shows he served at Fort Buckner, Okinawa.  He completed 2 years and 22 days of total active service, including 1 year, 1 month, and 4 days of foreign service.  This form also shows award of the:

* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
(M-1)

	b.  DD Form 214 for the period 16 August 1961 through 15 August 1967 shows he completed 6 years of net active service this period, including 1 year and 1 month of foreign service in Korea.  This form also shows award of the:

* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Carbine Bar (M-1)
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)
* Marksman Marksmanship Qualification Badge with Missile Bar


	c.  DD Form 214 for the period 16 August 1967 through 26 November 1970 shows he completed 3 years, 3 months, and 11 days of net active service this period, including 2 years, 10 months, and 6 days of foreign service.  This form also shows award of the:

* National Defense Service Medal
* Army Good Conduct Medal (4th Award)
* Armed Forces Expeditionary Medal

	d.  DD Form 214 for the period 27 November 1970 through 11 July 1977 shows he completed 6 years, 7 months, and 15 days of net active service this period, including 3 years and 14 days of foreign service.  This form also shows award of the:

* National Defense Service Medal
* Army Good Conduct Medal (5th Award)
* Armed Forces Expeditionary Medal (Korea)
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

   e.  DD Form 214 for the period 12 July 1977 through 31 July 1979 shows he completed 2 years and 19 days of net active service this period, including
12 days of foreign service.  This form also shows award of the:

* National Defense Service Medal
* Army Good Conduct Medal (6th Award)
* Armed Forces Expeditionary Medal (Korea)
* Army Commendation Medal (2nd Award)
* Meritorious Service Medal
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  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.


6.  Army Regulation 635-5 (Separation Documents), paragraph 2-4 (Completing the DD Form 214) states that all awards and decoration, for all periods of service, will be listed on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  He served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 for the period ending 31 July 1979 should be corrected to show this award.

2.  Army regulations did not provide for the award of a service medal for service in Okinawa during his assignment to that location.  Therefore, there is no basis for granting this portion of his request.

3.  His DD Form 214 for the period ending on 31 July 1979 did not include his Marksman Marksmanship Qualification Badge with Carbine Bar (M-1).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

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 adding to his DD Form 214 for the period ending 31 July 1979 the:

* Korea Defense Service Medal
* Marksman Marksmanship Qualification Badge with Carbine Bar (M-1)

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 award of a service medal during the period of his service in Okinawa.



      ___________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)                                         AR20120001207



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001207



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1