IN THE CASE OF:
BOARD DATE: 26 May 2015
DOCKET NUMBER: AR20140017795
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Korea Defense Service Medal.
2. The applicant states he served in Korea for 13 months and this award was omitted from his DD Form 214.
3. The applicant provides:
a. DD Form 214; and
b. Special Orders (SO) issued by Headquarters, 2d Howitzer Battalion,
8th Artillery, showing the applicant was:
* promoted to the temporary rank/grade of specialist five (SP5)/E-5 in SO Number 110, dated 11 June 1959
* released from his assignment with the Service Battery, 2d Howitzer Battalion, 8th Artillery, Army Post Office (APO) 7, and reassigned him to the U.S. Army Electronic Proving Ground, Fort Huachuca, AZ, in SO Number 144, dated 24 July 1959
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. After prior Reserve Officers' Training Corps service, the applicant enlisted in the U.S. Army Reserve (USAR) on 24 February 1958 and he was immediately ordered to active duty for a term of 24 months. After completing initial training, he was awarded military occupational specialty 716.10 (Personnel Specialist). The highest rank/grade held while on active duty was SP5/E-5.
3. On 23 February 1960, he was honorably released from active duty. His
DD Form 214 shows he completed 2 years of net active creditable service with 1 year and 16 days of foreign and/or sea service. He was awarded or authorized the Army Good Conduct Medal.
4. His DA Form 20 (Enlisted Qualification Record) shows in item 33 (Record of Assignments) he was assigned to the Service Battery, 2d Howitzer Battalion, 8th Artillery from on or about 22 August 1958 to 20 September 1959.
5. His DA Form 24 (Service Record) shows in:
a. Section 4 (Chronological Record of Military Service), assignment to Service Battery, 2d Howitzer Battalion, 8th Artillery from on or about 25 August 1958 to 20 September 1959.
b. Section 5 (Service Outside Continental U.S.), arrival in Inchon, Korea on or about 18 August 1958 and departure from Inchon, Korea on or about 14 August 1959.
c. Section 9 (Medals, Decorations, and Citations), the applicant was awarded or authorized:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states 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.
DISCUSSION AND CONCLUSIONS:
The applicant's service in Korea from on or about 18 August 1958 to 14 August 1959 qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show this medal. Additionally, the two weapons qualification badges listed on his DA Form 24 should be added to his DD Form 214.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 for the period ending 23 February 1960 to show the following awards:
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
_______ _ 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) AR20140017795
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ABCMR Record of Proceedings (cont) AR20140017795
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