IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20120021758
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 all individual or unit awards, decorations, and citations to which he is entitled.
2. He states his DD Form 214 only shows award of the Army Good Conduct Medal.
3. He provides 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 applicant enlisted in the Regular Army on 6 August 1959. He completed training in military occupational specialty (MOS) 710.00 (Clerk).
3. His DA Form 24 (Service Record) shows in:
a. Section 5 (Service Outside Continental United States), he served in Korea from 24 June 1960 through 22 June 1961.
b. Section 4 (Chronological Record of Military Service), while stationed in Korea he was assigned to:
(1) E Battery, 2nd Howitzer Battalion, 19th Field Artillery Regiment from 28 June to 4 August 1960; and
(2) Headquarters Battery, 5th Howitzer Battalion, 82nd Field Artillery Regiment from 5 August 1960 to 21 June 1961.
c. Section 7 (Combat Record), no indication that he participated in any battles or campaigns.
d. Section 9 (Medals, Decorations, and Citations), he was awarded the:
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Army Good Conduct Medal (1st Award)
4. He was honorably released from active duty (REFRAD) on 3 August 1962 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. The DD Form 214 issued to him at the time of his REFRAD only shows award of the Army Good Conduct Medal.
5. Army Regulation 600-8-22 (Military Awards) states the KDSM 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. Department of the Army Pamphlets 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and for the Korean War. This pamphlet shows the units to which the applicant was assigned in Korea were not cited for any unit awards for actions during his tenure.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant completed a qualifying period of service in Korea for the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award.
2. The units to which the applicant was assigned in Korea were not cited for any unit awards for actions during his tenure. Therefore, he is not entitled to correction of his DD Form 214 to show any unit awards.
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 the Korea Defense Service Medal to item 24 of his DD Form 214.
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 correcting his DD Form 214 to show unit awards.
__________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) AR20120021758
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ABCMR Record of Proceedings (cont) AR20120021758
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