RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 April 2006
      DOCKET NUMBER:  AR20050010670


      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:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Brenda K. Koch                |     |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 the Korea Defense Service Medal
and that the Ranger Tab be added to his DD Form 214, Certificate of Release
or Discharge from Active Duty.

2.  The applicant states, in effect, that he served for two years in Korea
and he graduated from the Ranger school.

3.  The applicant submits five documents, in addition to a copy of his DD
Form 214 and a copy of special orders which award him the Ranger Tab in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 31 May 1992, the date he was separated and placed on the
retired list.  The application submitted in this case is dated 2 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 show he entered active duty on 5 June
1970 and was placed on the retired list, in the rank and pay grade of
lieutenant colonel, O-5, after having completed 21 years, 11 months, and 26
days net active duty service.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214, shows he was
awarded:  the Bronze Star Medal; the Defense Meritorious Service Medal; the
Meritorious Service Medal - 2; the Air Medal; the Army Commendation Medal –
2; the Joint Service Achievement Medal; the Army Achievement Medal; the
Armed Forces Commendation Medal; the National Defense Service Medal; the
Vietnam Service Medal, with two bronze service stars; the Humanitarian
Service Medal; the Army Service Ribbon; the Overseas Service Ribbon, with
numeral three; the Republic
of Vietnam Campaign Medal; the Republic of Viet Gallantry Cross, with Palm
Unit Citation (two awards); the Combat Infantryman Badge;, the Parachutist
Badge; the Philippine Outstanding Achievement Medal; the Expert Infantryman
Badge; the Ranger Tab; and the Legion of Merit.

5.  Since the Ranger Tab the applicant has asked to have added to his DD
Form 214 is already shown in Item 13 of his DD Form 214, this award will
not be discussed further in this Record of Proceedings.

6.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel
Qualification Record, Part II, shows the applicant served in Korea from 2
May 1984 through 1 May 1986 with the US Army Finance and Accounting Office-
Korea.

7.  Item 9 (Awards, Decorations & Campaigns), of the applicant's DA Form 2-
1 shows he was awarded the Sharpshooter Marksmanship Qualification Badge,
with Automatic Rifle Bar [M-16 Rifle], on 9 March 1971.  This marksmanship
qualification badge is not shown on the applicant's DD Form 214.

8.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

9.  The above referenced implementing message also authorized award of
the Korea Defense Service Medal if a Soldier meets one or more of the
following criteria:  a) be engaged in actual combat during an armed
engagement, regardless of the time in the area of eligibility;  b) is
wounded or injured in the line of duty and requires medical evacuation from
the area of eligibility;  c) participates as a regularly assigned air crew
member flying sorties for 30 consecutive days or 60 nonconsecutive days
into, out of, within, or over the area
of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The record shows the applicant served in Korea during the qualifying
period for award of the Korea Defense Service Medal.  He is therefore
entitled to award of the Korea Defense Service Medal and to have it added
to his DD Form 214.

2.  The evidence shows the applicant qualified in the degree of
sharpshooter with his assigned M-16 Rifle.  He is therefore entitled to
have the Sharpshooter Marksmanship Qualification Badge added to his DD Form
214.

BOARD VOTE:

__PMS__  ___cd___  __BK ___  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  awarding the applicant the Korea Defense Service Medal, and
adding this award to his DD Form 214; and
      b.  adding the already-awarded Sharpshooter Marksmanship
Qualification Badge, with Automatic Rifle Bar, to his DD Form 214.




                            _____Paul M. Smith______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010670                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060406                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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