RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      28 March 2006
      DOCKET NUMBER:  AR20050010036


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Larry J. Olson                |     |Member               |
|     |Mr. Ronald D. Gant                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214, Certificate of
Release or Discharge from Active Duty, be corrected to add the Korean
Service Medal, with three bronze service stars, and the Sharpshooter
Marksmanship Qualification Badge.

2.  The applicant states, in effect, nothing beyond making the above
request known to the Board.

3.  The applicant submitted a copy of his DD Form 214 and a copy of a
Record of Proceeding pertinent to an earlier submitted request which was
acted upon by the Board on 30 September 2004 pertinent to another issue.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error, which occurred on
26 February 1954, the date he was discharged from active duty.  The
application submitted in this case is dated 12 July 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed records and from alternate sources.

4.  The applicant enlisted in the Regular Army for 3 years on 15 March
1951.  The applicant was discharged on 26 February 1954.  On the date of
his discharge, the applicant had completed 2 years, 11 months, and 12 days
net active service.  This service included 2 years, 2 months, and 21 days
foreign and/or sea service.

5.  The applicant's DD Form 214 shows he was awarded:  the National Defense
Service Medal; the Korean Service Medal with one bronze service star; the
United Nations Service Medal; the Army of Occupation Medal, with Japan
Clasp; and the Combat Infantryman Badge.

6.  Item 12f (Foreign Service), of the applicant's DD Form 214, shows he
completed 2 years, 2 months, and 21 days foreign service; however, the
specific dates of his assignment in Korea and in Japan are not known.

7.  Item 8a (Last Duty Assignment and Major Command) of the applicant's
DD Form 214 shows his most significant assignment was Company B, 371st
Armored Infantry Battalion.

8.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Korean Service Medal.

9.  The Government of the Republic of Korea issued the Korean War Service
Medal to pay tribute to eligible Korean War veterans for their historic
endeavors to preserve the freedom of the Republic of Korea and the free
world.  The Department of Defense approved acceptance and wear of the
Korean War Service Medal.  To qualify for award of the Korean War Service
Medal, the veteran must have served in Korea between 25 June 1950 and 27
July 1953 and been on permanent assignment for 30 consecutive days, or on
temporary duty for 60 non-consecutive days, within the territorial limits
of Korea, in the waters immediately adjacent thereto, or in aerial flight
over Korea participating in actual combat operations or in support of
combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  It is clear from the awards listed
on the applicant's DD Form 214 that he served in Japan and in Korea during
the era of the Korean War; however, the specific dates of service in these
countries are not known.

2.  The applicant's DD Form 214 was prepared while his military service
records were still available and the inclusive period of his service in
Korea was available for review.  Government regularity must be presumed
and, in this case, it is believed that what the Government did at the time
the applicant was discharged
was correct; therefore, the applicant is not entitled to the award of two
additional bronze service stars to be affixed to his Korean Service Medal,
with one bronze service star.

3.  Because the applicant's records were lost or destroyed in the St. Louis
fire of 1973, there are no records, and the applicant provided none, to
show the level of proficiency he achieved in weapons qualification;
therefore, the applicant is not eligible for award of the Sharpshooter
Marksmanship Qualification Badge and to have it added o his DD Form 214.

4.  The applicant served in the Republic of Korea during the qualifying
period for award of the Korean War Service Medal.  The applicant is
therefore entitled to this award and to have it added to his DD Form 214.

5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 26 February 1954; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 25 February 1957. The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_LJO____  __RDG _  __BJE___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to add the Korean War Service Medal to the applicant's DD Form
214.



                                  _____Barbara J. Ellis________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010036                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060326                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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