IN THE CASE OF:	  

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140000610 


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) by amending his military occupational specialty (MOS) and addition of the following awards and/or medals:

* Korean Defense Medal (Korea Defense Service Medal)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with M-1 Rifle Bar
* Korean Presidential Citation (Republic of Korea Presidential Unit Citation)
* Overseas Service Commemorative Medal 
* Korean War 50th Anniversary Commemorative Medal
* United Nations Military Service Commemorative Medal

2.  He states his MOS is listed as a "Lineman 5-53-440" on his DD Form 214.  He was never a Lineman; instead, while serving with the 11th Field Artillery Battalion, 24th Infantry Division for 18 months in Korea he performed duties as a Senior Message Center Operative with a top secret security clearance and his duties included coding and decoding.  

3.  He wants to know if he is eligible to receive the Combat Infantryman Badge because while serving at the decoding center, his job was to supply authentication tables to forward observers on the front lines.  These tables were changed every 3 days.


4.  The applicant provides:

* two Selective Service System documents
* a Noncommissioned Officer (NCO) Academy Certificate of Graduation with endorsements
* DA Form 1811 (Physical and Mental Status on Release from Active Service)
* DD Form 214
* letter orders
* a military service certificate

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.  His 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 (NPRC) in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he was inducted in the Army of the United States (AUS) on 3 August 1956 and was honorably released from active duty on 21 May 1958.  This form also shows the following information:

* Item 13 (Last Duty Assignment and Major Command) - Headquarters Battery, 2nd Field Artillery Battalion, 20th Artillery
* Item 24c (Foreign and/or Sea Service) - 1 year, 4 months, and 5 days
* Item 25a (Specialty Number and Title) - "FLD COMMO CRWMN 310.00" (Field Communications Crewman)
* Item 25b (Related Civilian Occupation and D.O.T. Number) - "LINEMAN 5-53.440"
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - Good Conduct Medal

4.  The applicant provided an I Corps (Group) NCO Academy, (Provisional) APO 358, graduation certificate with endorsements that show he graduated third in a class of 23 students from the Artillery Fire Direction Center Course on 9 March 1957 at Camp Jecelin, Korea.

5.  His record is void of documentation which shows his level of qualification with the M-1 rifle or any weapon. 

6.  Army Regulation 600-8-22 (Military Awards) provides guidance and authority on the issuance of military awards and lists the following criteria:

	a.  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 from 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  

	c.  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.  

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) does not show that the 11th Field Artillery Battalion or the 20th Artillery were awarded the Republic of Korea Presidential Unit Citation during the applicant's period of assignment to this unit. 

8.  Army Regulation 635-5 (Personnel Separations), in effect at the time, established uniform administrative procedures and separation forms to be used in connection with the separation of military personnel.  It stated to enter in Item 25a the primary MOS code number and title.  If the specialty represented by the MOS has a related civilian occupation, enter the appropriate job title and code number from the dictionary of occupational titles in item 24b.  If not applicable, enter "NA."

9.  Special Regulation 615-25-15 (Enlisted Personnel MOSs) provides a listing of MOS, and the numbers that coincide with each specialty.  MOS 310.00 is listed as a Field Communications Crewman.

10.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Most commemorative medals are not officially recognized; however, some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea during a qualifying period of service and is authorized to wear the Korea Defense Service Medal and to have this award added to his DD Form 214.

2.  The applicant's record does not show and he has not provided sufficient evidence such as orders or proof he has qualified in a prescribed record fire course for the M-1 rifle.  As such, he is not entitled to addition of this qualification badge to his DD Form 214.

3.  Department of the Army Pamphlet 672-1 does not show that his unit of assignment was awarded the Republic of Korea Presidential Unit Citation during the applicant's period of service with that unit.  Therefore, he is not entitled to addition of this award to his DD Form 214.  

4.  The following awards are commemorative medals and are not authorized for listing on the DD Form 214:

* Overseas Service Commemorative Medal 
* Korean War 50th Anniversary Commemorative Medal
* United Nations Military Service Commemorative Medal

5.  The applicant's contention that his MOS is incorrectly listed on his DD Form 214 has been carefully considered.  The MOS is listed in item 24a of his 
DD Form 214 as "310.00 Field Communications Crewman" is consistent with the duties he states he performed while serving in Korea.  Item 24b contains the entry "lineman" which is the civilian occupational equivalent of a Field Communication Crewman in the Army.  The DD Form 214 was properly completed at the time of his separation and there appears to be no effective relief for this portion of the applicant's request.  

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 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 MOS and adding the following decorations to his DD Form 214:  

* Marksman Marksmanship Qualification Badge with M-1 Rifle Bar
* Korean Presidential Citation (Republic of Korea Presidential Unit Citation)
* Overseas Service Commemorative Medal 
* Korean War 50th Anniversary Commemorative Medal
* United Nations Military Service Commemorative 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)                                         AR20140000610





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ABCMR Record of Proceedings (cont)                                         AR20140000610



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