IN THE CASE OF:	  

		BOARD DATE:	 9 August 2012 

		DOCKET NUMBER:  AR20120003275 


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 Army DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Korea Defense Service Medal (KDSM) and National Defense Service Medal (NDSM) (2nd Award).  He also requests correction of his U.S. Navy DD Form 214 to show award of the China Service Medal.

2.  The applicant states:

   a.  Members of the V-6 Division aboard the USS Philippine Sea, CVA 47, and crew members of the USS Far East Cruise were awarded the China Service Medal; however, it is not reflected on his DD Form 214.
   
   b.  The KDSM is authorized to military personnel for service in Korea from 17 July 1954 to the present; therefore, he should be awarded the KDSM for his service in Korea from October 1960 through November 1961.

3.  The applicant provides copies of:

* a self-authored statement
* 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.  The available evidence shows the applicant initially served in the U.S. Navy (USN) from 17 April 1957 to 16 April 1959.  The DD Form 214 he was issued on 16 April 1959 is not included in the available official military personnel file (OMPF) and he did not provide a copy of this document for correction.

3.  Nevertheless, the applicant's request for correction of his USN DD Form 214 is not within the purview of this Board.  He is advised to submit a separate application to the Board of Correction of Naval Records, 2 Navy Annex, Washington, DC 20370-5100.  Accordingly, his request for correction of his USN DD Form 214 to show the China Service Medal will not be discussed further in these Proceedings.

4.  On 15 April 1959, he enlisted in the Regular Army, for a period of 3 years.   He was trained in and awarded military occupational specialty 141.60 (Light and Medium Field Artillery Crewman).

5.  His DA Form 24 (Service Record) shows he served in Korea during 30 August 1960 - 27 August 1961.  It also shows he earned the Army Good Conduct Medal (AGCM) and Marksman Marksmanship Qualification Badge with Carbine Bar.

6.  On 13 July 1962, he was honorably discharged from active duty by reason of expiration term of service.  The DD Form 214 issued at that time shows he completed 2 years, 11 months, and 29 days of creditable active duty service, for the period covered by his Army DD Form 214.


7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 lists the AGCM. It also shows he completed 1 year and 17 days foreign service.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  

   a.  Paragraph 2-10 contains guidance on award of the NDSM.  It indicates the NDSM was authorized for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 
11 September 2001 to a date to be determined.  A second or third award of the NDSM is authorized for Soldiers who served in one or more of the four separate periods.  It is not authorized for Soldiers who met the criteria in one time period, left active duty, and returned during the same period of eligibility.

	b.  Paragraph 2-20 contains the regulatory guidance pertaining to award of the KDSM.  It states that it is authorized 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 from 28 July 1954 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the KDSM and a second award of the NDSM (2nd Award).  

2.  The evidence of record confirms the applicant completed a period of honorable active duty service from 15 July 1959 through 13 July 1962 which encompassed 1 year and 17 days of service in Korea from 30 August 1960 to 27 August 1961.  Based on this service he is entitled to award of the KDSM and NDSM and these awards should be added to his DD Form 214 at this time.

3.  The applicant's military record is void any documents and he did not provide any evidence to confirm entitlement to a second NDSM.  Therefore, in the absence of evidence to show he met the regulatory criteria for a second NDSM there is no basis upon which to grant this portion of his request.

4.  The applicant's DA Form 24 shows he earned the Marksman Marksmanship Qualification Badge with Carbine Bar which is not currently reflected on his DD Form 214.  Accordingly, this badge should be added to his DD Form 214 at this time.


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:

   a.  amending item 26 of his DD Form 214 issued on 13 July 1962 by adding the National Defense Service Medal, Korea Defense Service Medal, and Marksman Marksmanship Qualification Badge with Carbine Bar; and
   
   b.  issuing him a correction to the DD Form 214 to document the above awards.

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 a second award of the National Defense Service Medal.




      _______ _   _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)                                         AR20120003275



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ABCMR Record of Proceedings (cont)                                         AR20120003275



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