IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120002273
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM).
2. The applicant states that this award is not shown on his DD Form 214. He contends that his social security number was mistyped and caused this award to not be entered on his record.
3. The applicant provides copies of:
* DD Form 214
* DD Form 256A (Honorable Discharge Certificate)
* Letter from the National Personnel Records Center, dated 23 January 2012
* Letter from the U.S. Army Reserve Components Personnel and Administration Center, dated 7 September 1972
* Certificate for award of the ARCOM, dated 16 November 1971
* Citation for award of the ARCOM
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A review of the applicant's service records shows that his social security number was mistyped on several documents. The mistype consisted of only one digit in the first group of three numbers. However, there is sufficient information on each affected document to easily determine that the document pertains to the applicant. In that the applicant did not request any document to be corrected in regards to his social security number, this matter will not be further discussed in these proceedings.
3. On 14 January 1970, the applicant entered active duty as a Reserve officer in the rank of 2nd lieutenant, Air Defense Artillery.
4. Special Orders Number 55, Headquarters, School Support Command, Fort Bliss, Texas, dated 3 March 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualification with the M14 rifle.
5. Special Orders Number 74, Headquarters, First Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, California, dated 17 April 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualification with the M16 rifle.
6. On 3 December 1970, the applicant departed Fort Ord, California, for duty in the Republic of Korea (ROK).
a. On 18 January 1971, he was assigned for duty as a training officer with Battery D, 7th Battalion (Hawk), 5th Artillery Regiment.
b. On 7 October 1971, he departed the ROK for duty at Fort Lewis, Washington.
7. General Orders Number 495, Headquarters, Eighth U.S. Army, dated
19 November 1971, awarded the applicant the ARCOM for meritorious service during the period 6 January to 7 October 1971.
8. On 10 October 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of 1st lieutenant and had completed 1 year, 8 months, and
27 days of creditable active duty service.
9. Army Regulation 600-8-22 (Military Awards) provides for award of the Korea Defense Service Medal (KDSM). It 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 ROK from 28 July 1954 through a future date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the ARCOM.
2. The evidence of record clearly shows that the applicant was awarded the ARCOM for meritorious service as an air defense artillery officer in the ROK. Therefore, this decoration should be shown on his DD Form 214.
3. Special orders show that the applicant qualified as a sharpshooter on two different rifles and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, this badge should be shown on his DD Form 214.
4. Records show that he applicant served during a qualifying period for award of the KDSM. Therefore, this service medal should be shown on his DD Form 214.
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 adding the following awards to his DD Form 214:
* Army Commendation Medal
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
__________ _ 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) AR20120002273
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ABCMR Record of Proceedings (cont) AR20120002273
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