BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150015837 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150015837 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 to his DD Form 214 the: * Republic of Korea Presidential Unit Citation * Korea Defense Service Medal 2. The Board further determined 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 marksmanship badges. ____________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. BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150015837 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 (Report of Separation from the Armed Forces of the United States) to show the: * Korea Defense Service Medal * Republic of Korea Presidential Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Machine Gun Bar (.50 Cal) 2. The applicant states his record contains administrative errors. 3. He provides his DD Form 214 and his Honorable Discharge 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. The applicant's military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It appears that the applicant's records were lost or destroyed in that fire. The ABCMR is considering this case based on the documents provided by the applicant. 3. The applicant was inducted into the Army of the United States and entered active duty on 24 March 1953. He served 1 year, 11 months, and 16 days on active duty of which 1 year, 5 months, and 25 days was listed as foreign service. He was honorably released from active duty on 9 March 1955 and transferred to the Army Reserve. His DD Form 214 shows in: * Item 9 (Place of Separation) – 5044 Transfer Station, Fort Carson, CO * Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * United Nations Service Medal * Korean Service Medal * National Defense Service Medal * Good Conduct Medal * Item 28 (Most Significant Duty Assignment) – Battery B, 933rd Antiaircraft Artillery (AAA) Battalion (Automatic Weapons) (Mobile), Army Post Office 970 (Korea) 4. The available records do not show the dates of his arrival in or departure from the Republic of Korea. The available records also do not show his weapon qualifications. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. b. 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 28 July 1954 to a date to be determined by the Secretary of Defense. c. A 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. 2. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Republic of Korea. The 933rd AAA Battalion was cited for award of the Republic of Korea Presidential Unit Citation for the period 16 September 1950 to 1 May 1954, as confirmed by Department of the Army General Order 51, dated 1957. DISCUSSION: 1. The applicant's record shows he was awarded the Korean Service Medal. Although the evidence does not show his exact dates of service in Korea, it is reasonable to presume that he was present for duty with the 933rd AAA Battalion during the period for which the unit was awarded the Republic of Korea Presidential Unit Citation. Further, the evidence indicates he would have served in Korea long enough after the eligibility period for the Korean Service Medal had ended to be eligible for the Korea Defense Service Medal. . 2. The available records do not show the applicant's weapons qualifications. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015837 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015837 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2