IN THE CASE OF:	  

		BOARD DATE:	    23 July 2013

		DOCKET NUMBER:  AR20120022976 


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, in effect, award of the following:

* Army Good Conduct Medal
* Korean Service Medal and/or Korea Defense Service Medal
* National Defense Service Medal
* an unspecified rifle marksmanship qualification badge

2.  The applicant states he served in Korea from 1957 to 1958.

3.  The applicant provides six DA Forms 1 (Morning Report) and Special Orders Number 88, Headquarters, U.S. Army Personnel Center, Fort Jackson, SC, dated 21 April 1957.

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's complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  The case is being considered using reconstructed records and the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant was inducted into the Army of the United States on 18 April 1957.  He completed training and he was awarded military occupational specialty 310 (Field Communications Crewman).

4.  The applicant provides DA Forms 1 for the period 18 April through 9 June 1958 which show:

* he was assigned to Battery E, 2d Howitzer Battalion (105 millimeter), 8th Field Artillery Regiment, 7th Infantry Division, 8th U.S. Army
* he was assigned to temporary duty with the I Corps Artillery Specialist Academy, Camp Santa Barbara, Korea, for approximately 15 days on or about 18 April 1958

5.  On 17 April 1959, the applicant was honorably released from active duty.  His DD Form 214 shows he completed 2 years of creditable active military service.

6.  His DD Form 214 shows he was awarded or authorized the Expert Marksmanship Qualification Badge with Carbine Bar.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

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

	a.  The National Defense Service Medal 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.

	b.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	c.  The Korea Defense Service Medal 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.

	d.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Award of marksmanship qualification badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual has not attained the same level of qualification upon completion of firing a record course for which the previous award was made. In the event that a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Army Good Conduct Medal, National Defense Service Medal, Korean Service Medal or Korea Defense Service Medal, and an unspecified rifle marksmanship qualification badge was carefully considered.

2.  He did not serve during a qualifying period of service for award of the National Defense Service Medal; therefore, he is not entitled to this award.

3.  The evidence of record does not support his request for award of the Korean Service Medal.  He was inducted well after the end of the period of eligibility for award of the Korean Service Medal.

4.  He served a qualifying period of service in Korea for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this service medal.

5.  The available records contain insufficient evidence to determine his eligibility for the Army Good Conduct Medal or an additional rifle marksmanship qualification badge.

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 award of the Korea Defense Service Medal to his DD Form 214.

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 award of the Army Good Conduct Medal, National Defense Service Medal, Korean Service Medal, and an additional rifle marksmanship qualification badge.



      __________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)                                         AR20120022976



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ABCMR Record of Proceedings (cont)                                         AR20120022976



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