IN THE CASE OF: BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20150014770 BOARD VOTE: ____X_____ __X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20150014770 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214 for the period ending 21 April 1960: * Korea Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) _____________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: 1 December 2016 DOCKET NUMBER: AR20150014770 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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 21 April 1960 to show his foreign service in Korea. 2. The applicant states he served in Korea from September 1958 to October 1959 with the 1st Cavalry Division. 3. The applicant provides his DD Form 214 for the period ending 21 April 1960. 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 was inducted into the Army of the United States on 22 April 1958. 3. His DA Form 24 (Service Record) shows in: a.  Section 4 (Chronological Record of Military Service) – he was assigned to Headquarters and Headquarters Company, 2nd Brigade, 12th Cavalry Rtegiment, during the period 20 October 1958 to 9 November 1958 and Company A, 2nd Brigade, 12th Cavalry Regiment, during the period 10 November 1958 to 7 October 1959. b.  Section 5 (Service Outside Continental United States) – he departed the United States on 27 September 1958 and he arrived in Korea on 12 October 1958. He departed Korea on 11 October 1959 and he arrived in the United States on 26 October 1959. c.  Section 9 (Medals, Decorations, and Citations) – award of the Marksmanship Qualification Badge with Rifle Bar (M-1) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). 4. On 21 April 1960, he was honorably released from active duty and transferred to the U.S. Army Control Group (Annual Training). His DD Form 214 for this period shows in: * item 24c (Foreign and/or Sea Service) – 1 year and 1 month * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – None REFERENCES: 1. Army Regulation 635-5 (Personnel Separations – Separation Forms), in effect at the time, stated to enter the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 in item 24c. There were no other regulatory provisions for listing foreign service. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), effective 23 May 1972, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in in the "Remarks" block of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea. To show Vietnam service only, for example, enter "Vietnam – [starting date] through [ending date], Indochina – Yes, Korea – No." 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  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 Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. b.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, or Marksman – in which an individual qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual qualified. Award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual has not attained the same qualification upon completion of firing a record course for which the previous award was made. DISCUSSION: 1. Although later versions of the governing regulation stated to enter in "Yes" or "No" for service in Indochina and Korea, there were no provisions for entering the location of foreign service on the DD Form 214 at the time of his release from active duty on 21 April 1960. 2. As a related matter, he served a qualifying period in Korea for award of the Korea Defense Service Medal. Award of this medal serves the purpose of showing the location of his foreign service. Award of the Korea Defense Service Medal is not shown on his DD Form 214 for the period ending 21 April 1960. 3. He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and he was later awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). Award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) is not shown on his DD Form 214 for the period ending 21 April 1960. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014770 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014770 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2