IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150011793 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 IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150011793 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 amending his DD Form 214 as follows: a. deleting the Korean Service Medal with two bronze campaign stars; and b. adding the Korean Service Medal with three bronze service stars, Good Conduct Medal, and Expert Marksmanship Qualification Badge with Carbine 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 amending his DD Form 214 to add the "Combat Artillery Badge" and updating his DA Form 1577. _____________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. IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150011793 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 he was awarded the Korean Service Medal with three bronze service stars, Good Conduct Medal, Expert Marksmanship Qualification Badge with Carbine Bar, and the "Combat Artillery Badge." He also requests that his DA Form 1577 (Authorization for Issuance of Awards) be updated to show he is authorized the "Combat Artillery Badge." 2. The applicant states, in effect, his DD Form 214 and DA Form 1577 should be corrected. 3. The applicant provides: * self-authored letter, dated 9 July 2015 * Veterans of Foreign Wars of the United States letter, dated 22 June 2015 * DD Form 214 * Honorable Discharge Certificate, dated 5 March 1960 * U.S. Army Support Activity letter, dated 17 September 1979 * DA Form 1577, dated 15 August 1979 * Standard Form 180 (Request Pertaining to Military Records), dated 6 July 2015 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 official military personnel file is not available. Information contained in this Record of Proceedings was obtained from the evidence provided by the applicant. 3. He was inducted into the Army of the United States on 3 December 1951. He completed training as a cannoneer. 4. After completing 1 year, 11 months, and 15 days of net service for pay purposes, he was released from active duty (REFRAD) on 18 November 1953. His DD Form 214 shows his most significant duty assignment as C Battery, 937th Field Artillery Battalion and that he had 11 month and 27 days of foreign and/or sea service. It also shows the following awards: * Korean Service Medal with two bronze campaign stars * United Nations Service Medal * National Defense Service Medal 5. On 15 August 1979, the Reserve Components Personnel and Administration Center notified the applicant and the Commander, U.S. Army Support Activity, that he was authorized and being issued the following awards: * Good Conduct Medal * Expert Marksmanship Qualification Badge with Carbine Bar * Three bronze service stars to be affixed to his already-awarded Korean Service Medal 6. A review of Army Regulation 600-8-22 (Military Awards) fails to reveal a "Combat Artillery Badge" listed therein. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active service. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. 2. Army Regulation 600-8-22 provides a list of awards authorized for inclusion on the DD Form 214. DISCUSSION: 1. A review of the applicable regulation fails to reveal a "Combat Artillery Badge" listed therein. As such, there are no provisions for adding this award to his DD Form 214 or to a DA Form 1577. 2. The applicant was authorized additional awards that are not currently reflected on his DD Form 214. His DD Form 214 should show, in addition to the awards already listed, the Korean Service Medal with three bronze service stars, the Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Carbine Bar. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011793 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2