BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160002968 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: 19 September 2017 DOCKET NUMBER: AR20160002968 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 * deleting from his DD Form 214 the entry "Marksman (Rifle)" * adding to his DD form 214 – * National Defense Service Medal * Korea Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar 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 the Army Commendation Medal, Armed Forces Expeditionary Medal, and United Nations Service Medal. __________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: 19 September 2017 DOCKET NUMBER: AR20160002968 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, in effect, correction of his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) to show additional awards and decorations. 2. The applicant states that he served in the Republic of Korea (ROK). He would like his DD Form 214 to show he was awarded the Army Commendation Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Korea Defense Service Medal, and United Nations Service Medal. He also states that he was not aware of his entitlement to the awards until he spoke with his congressman. 3. The applicant provides his DD Form 214 and a DD Form 215 (Correction to DD Form 214). 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 enlisted in the Regular Army on 19 February 1958 for a period of 3 years. a. He was awarded military occupational specialty 621 (Engineer Equipment Mechanic). b. He was promoted to specialist four/pay grade E-4 on 17 August 1959. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: * item 28 (Qualification in Arms): Sharpshooter, Rifle (M-1), 29 May 1959 * item 29 (Foreign Service): Korea from 22 November 1958 through 13 December 1959 * item 33 (Record of Assignments): Company A, 13th Signal Battalion, Korea, effective 10 December 1958 4. His DA Form 24 (Service Record) shows in section 9 (Medals, Decorations, and Citations) the – * Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar * Army Good Conduct Medal 5. Headquarters, Second Training Regiment, Fort Dix, NJ, Special Orders (SO) Number 80, dated 9 April 1958, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar. 6. Headquarters, 13th Signal Battalion (Korea), SO Number 110, dated 4 June 1959, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar. 7. The applicant's DD Form 214, as corrected by a DD Form 215 issued on 24 April 1961, shows he entered active duty this period on 19 February 1958, was honorably released from active duty on 25 February 1961, and transferred to the U.S. Army Reserve. He had completed 3 years and 7 days of total active service during this period that included 1 year and 21 days of foreign service. It also shows he was awarded the Army Good Conduct Medal and Marksman Marksmanship Qualification Badge with Rifle Bar. 8. A review of the applicant's military personnel records failed to reveal any evidence that he: * served in Korea during the Korean War * was recommended for or awarded the Army Commendation Medal * was authorized the – * National Defense Service Medal * Armed Forces Expeditionary Medal * Korea Defense Service Medal * United Nations Service Medal REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. c. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. d. The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. (Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.) e. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive days or 60 nonconsecutive days provided this support involved entering the area of operations. Qualifying service for this award includes service in support of U.S. military operations in Korea from 1 October 1966 through 30 June 1974. f. 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 ROK. The area of eligibility encompasses all land area of the ROK and the contiguous water out to 12 nautical miles and all air space above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or 60 nonconsecutive days. g. The Marksmanship Qualification Badge is awarded to indicate the degree (i.e., 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. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. 2. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Appendix III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for item 26, enter decorations awarded or authorized during period covered by the DD Form 214. DISCUSSION: 1. The applicant contends, in effect, that his DD Form 214 should be corrected to show all of his authorized awards and decorations. 2. Records show the applicant served honorably on active duty during the period 19 February 1958 through 25 February 1961. His service on active duty during the period 1 January 1961 through 25 February 1961 qualified him for award of the National Defense Service Medal. 3. Records show he served overseas in Korea from 22 November 1958 through 13 December 1959. a. The applicant's service in Korea did not qualify him for the – * Korean Service Medal or the United Nations Service Medal (both service medals require qualifying service between 27 June 1950 and 27 July 1954) * Armed Forces Expeditionary Medal (requires qualifying service between 1 October 1966 and 30 June 1974) b. The evidence of record shows his service in the ROK qualified him for the Korea Defense Service Medal. 4. SOs awarded the applicant the: * Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar on 9 April 1958 * Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar on 4 June 1959 a. Item 26 of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar. b. The evidence of record shows his qualification of Marksman with the M-1 Rifle was automatically revoked when he subsequently qualified Sharpshooter with the M-1 Rifle. 5. There is no evidence of record that shows he was awarded the Army Commendation Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002968 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002968 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2