IN THE CASE OF:	   

		BOARD DATE:	  5 November 2014

		DOCKET NUMBER:  AR20140004046 


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), ending on 30 June 1973, to show his:

* service in Korea from September 1952 to September 1954
* awards and ribbons associated with his service in Korea
* overseas assignments in Germany and Kwajalein
* correct rank as sergeant first class (SFC)

2.  The applicant states:

* His DD Form 214 does not list his overseas assignments in Germany, Kwajalein, or Korea, and it did not list his awards for this service to include the Korean Service Medal with 3 campaign stars
* He is not authorized to wear his uniform with the proper awards without the correction
* The replacement DD Form 214 he received does not show he held the rank of sergeant first class (E-6) and SFC/E-7, prior to becoming a warrant officer

3.  The applicant does not provide any evidence. 




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 records show he enlisted in the Florida Army National Guard (FLARNG) on 10 October 1950.  He entered active duty on 1 May 1951 and completed training for award of military occupational specialty (MOS) 3603 (Antiaircraft Artillery Cannoneer). 

3.  He was honorably release from active duty on 3 October 1951.  He was issued a DD Form 214 (Report of Separation from the Armed Forces of the United States) for this period of active duty. 

4.  His contemporaneous DA Form 20 (Soldier Qualification Record) shows he was discharged from the FLARNG on 3 October 1951. 

5.  He enlisted in the Regular Army (RA) on 4 October 1951.  His DA Form 24 (Service Record) for this period of service is not available for review with this case.  However, a subsequent DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 11 September 1952 to 29 March 1954.  He was assigned to:

* Battery C, 773rd Antiaircraft Artillery Battalion, from on or about September 1952 to 31 March 1953
* Battery C, 739th Antiaircraft Artillery Battalion, from on or about 1 April 1953 to March 1954

6.  His records also indicate he was honorably discharged from active duty on 5 January 1958 for the purpose of immediate reenlistment.  A DD Form 214 for this period of service (4 October 1951 to 5 January 1958) is not available for review with this case. 


7.  He reenlisted in the RA on 6 January 1958.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) shows in item 32 (Prior Service) the entries 4 October 1951 to 5 January 1958 and his rank as "SFC." 

8.  His contemporaneous DA Form 20 shows in item 31 (Foreign Service) the entries:

* Korea from 11 September 1952 to 29 March 1954, a period of 19 months
* Germany from 3 December 1959 to 11 December 1962, a period of  
36 months (3 years) 

9.  He was honorably discharged from active duty on 5 January 1964 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service (6 January 1958 to 5 January 1964) shows in:

* Item 3a (Grade, Rate or Rank), SFC/E-6 (Temporary)
* Item 3b (Date of Rank), 14 October 1955
* Item 24c (Foreign and/or Sea Service), 3 years
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: 

* Good Conduct Medal (2nd Award)
* Expert Marksmanship Qualification Badge with Missile Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Carbine Bar (M-2)

10.  He reenlisted in the RA on 6 January 1964.  His contemporaneous DA Form 20 shows in item 31 prior foreign service in Korea from 11 September 1952 to 29 March 1954 and Germany from 3 December 1959 to 11 December 1962.  It also shows in item 41 (Awards and Decorations), he was awarded or authorized the:

* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal
* Good Conduct Medal (3rd Award)
* Expert Marksmanship Qualification Badge with Missile Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Carbine Bar (M-2)

11.  He was honorably discharged from active duty on 31 May 1966 to accept an appointment as a warrant officer.  His DD Form 214 for this period of service (6 January 1964 to 31 May 1966) shows in:

* Item 3a, SFC/E-7
* Item 3b (Date of Rank), 29 September 1965
* Item 24c (Foreign and/or Sea Service), 0 credit
* Item 26, the Good Conduct Medal (3rd Award), Expert Marksmanship Qualification Badge with Missile Bar, and Sharpshooter Marksmanship Qualification Badge with Carbine Bar

12.  He was appointed as a warrant officer of the Army and executed an oath of office on 1 June 1966.  He was promoted to chief warrant officer three (CW3) on 1 June 1971.  

13.  His contemporaneous DA Form 66 (Officer Qualification Record) shows in:

* Item 17 (Foreign Service), he served in:

* Korea from 11 September 1952 to 29 March 1954
* Germany, from 3 December 1959 to 11 December 1962
* Okinawa, from 8 October 1968 to 18 January 1970
* Kwajalein, from 20 October 1971 to 13 September 1972

* Item 21 (Awards and Decorations), he was awarded or authorized the:

* Korean Service Medal
* United Nations Service Medal
* National Defense Service Medal (1st Oak Leaf Cluster) 
* Good Conduct Medal (3rd Award)
* Army Commendation Medal (1st Oak Leaf Cluster) 
* Meritorious Service Medal 

14.  He retired on 30 June 1973 and he was placed on the Retired List in his retired rank of CW3 on 1 July 1973.  He completed a total of 22 years, 8 months, and 21 days of enlisted and warrant officer service.  His DD Form 214 for this period of service (1 June 1966 to 30 June 1973) shows in:

* Item 5a (Grade, Rate or Rank) - CW3
* Item 5b (Pay Grade) - W3
* Item 6 (Date of Rank) - 8 June 1971
* Item 22c (Foreign and/or Sea Service), 2 years, 2 months, and 5 days
* 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Commendation Medal with 1st Oak Leaf Cluster
* United Nations Service Medal
* Meritorious Service Medal 

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Until the policy was changed in October 1979, a separate DD Form 214 was prepared upon discharge for immediate reenlistment (also when switching from enlisted to officer).  

16.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states if no DD Form 214 is available, issue a statement of service or transcript of military record.  A breakdown of the DD Form 214 shows in:

* items 5a and 5b, enter grade and pay grade at time of separation
* item 6, enter date of rank for grade shown in Item 5a
* item 22c, for officer personnel, enter from item 17 of the DA Form 66, the total period of foreign service during the current tour of duty
* item 24, from the DA Form 20 or the DA Form 66, enter all decorations, service medals, campaign credit, and badges awarded or authorized, omitting authorities
* item 30 (Remarks), mandatory entries, enter Indochina and Korea service on or after 5 August 1964, enter inclusive dates of service and indicate "Yes" or "No" for service in Indochina or Korea 

17.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the FLARNG from 10 October 1950 to 3 October 1951.  During this period of service, he entered active duty on 1 May 1951 and he was honorably release from active duty on 3 October 1951.  He was issued a DD Form 214 that captured this period of active duty. 

2.  He enlisted/reenlisted and served in the Regular Army in an enlisted status from 4 October 1951 to 31 May 1966.  During his enlisted service, he was issued multiple separation documents.

3.  A DD Form 214 (enlisted) for his period of service from 4 October 1951 to 
5 January 1958 is not available for review with this case.  During this period, he appears to have served in Korea from 11 September 1952 to 29 March 1954.  

	a.  Since a copy of his DD Form 214 documenting this period of active duty is not available for review with this case, he should be issued an appropriate document to capture this period of active service.

	b.  During this period of service, he appears to have been awarded the Korean Service Medal, United Nations Medal, and National Defense Service Medal.  These awards appear on subsequent service records, such as his DA Form 20 and DA Form 66.  His retirement DD Form 214, ending on 30 June 1973, should be corrected to show these awards. 

	c.  In the absence of his DD Form 214 or other documentary evidence, the number of campaigns he participated in while in Korea cannot be determined. However, given the dates of service indicated on his subsequent documents, it appears he qualifies for three bronze service stars (designating three campaigns) with the Korean Service Medal.  His retirement DD Form 214, ending on 30 June 1973, should be corrected to show these bronze service stars. 

4.  A DD Form 214 (enlisted) for his period of service from 6 January 1958 to 5 January 1964 is available for review with this case.  

	a.  During this period of service, he was promoted/advanced to SFC/E-6 (not E-7) on 14 October 1955.  He held the rank of SFC/E-6 at the time of separation. His DD Form 214 correctly listed this rank and date of rank. 

	b.  During this period of service, he completed 3 years of foreign service in Germany, from 3 December 1959 to 11 December 1962.  His DD Form 214 correctly captured this foreign service in item 22c. 

5.  A DD Form 214 (enlisted) for his period of service from 6 January 1964 to 31 May 1966 is available for review with this case.  

	a.  During this period of service, he was advanced to SFC/E-7 on 29 September 1965.  He held the rank of SFC/E-7 at the time of separation.  His DD Form 214 correctly listed this rank and date of rank. 

	b.  During this period of service, he did not complete any foreign service.  His DD Form 214 correctly listed zero credit for foreign service. 

6.  A DD Form 214 (warrant officer) for his period of service from 1 June 1966 to retirement on 30 June 1973 is available for review with this case:

	a.  During this period of service, he was promoted/advanced to CW3 on 8 June 1971.  He held the rank of CW3 at the time of retirement.  His DD Form 214 correctly shows this rank and date of rank. 

	b.  During this period of service, he completed 2 years, 2 months, and 5 days of foreign service in Okinawa from 8 October 1968 to 18 January 1970 and in Kwajalein, from 20 October 1971 to 13 September 1972.  His DD Form 214 correctly captured this foreign service in item 22c. 

	c.  Not all his awards and decorations were listed on his retirement DD Form 214.  The regulation in effect at the time stated for item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities.  His DD Form 214 should be corrected to add all his previous awards and decorations, as well as the Republic of Korea War Service Medal, as recommended below. 

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:

* issuing the applicant an appropriate document to record his active service from 4 October 1951 to 5 January 1958
* adding to item 24 of his DD Form 214, ending on 30 June 1973, the:

* Korean Service Medal with three bronze services stars
* United Nations Service Medal
* National Defense Service Medal (1st Oak Leaf Cluster)
* Good Conduct Medal (3rd Award)
* Expert Marksmanship Qualification Badge with Missile Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Carbine Bar (M-2)
* Republic of Korea War Service Medal

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 listing his:

* service in Korea from September 1952 to September 1954
* overseas assignments in Germany, Kwajalein, and Korea
* rank as sergeant first class



      ___________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)                                         AR20140004046



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ABCMR Record of Proceedings (cont)                                         AR20140004046



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