IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20170004360 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 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 April 2019 DOCKET NUMBER: AR20170004360 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 amending his DD Form 214, for the period ending 30 April 1963, to show: a. he served in Korea from 13 January 1961 through 11 May 1962; and b. he was awarded or authorized the National Defense Service Medal, the Korea Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). 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 April 2019 DOCKET NUMBER: AR20170004360 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests, in effect, correction of her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Korea and any authorized awards and decorations for which he was entitled. 2. The applicant states, in effect, her late husband's DD Form 214 does not show his service in Korea or any of his medals, decoration, ribbons, or weapons qualifications. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * the former service member (FSM)'s DD Form 214, for the period ending 30 April 1963 * the applicant and FSM's marriage license, issued by the State of Georgia * the FSM's death certificate, issued by the State of Georgia 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DA Form 20 (Enlisted Qualification Record) * DA Form 24 (Service Record) REFERENCES: 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. 2. Army Regulation 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), as then in effect, proscribed the preparation and distribution of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). It states to the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater the foreign service or sea service was performed in. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The National Defense Service Medal (NDSM) 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. b. The Korea Defense Service Medal (KDSM) 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. DISCUSSION: 1. While 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 FSM enlisted in the Regular Army on 29 April 1960. 3. The FSM's DA Form 24 shows he departed San Francisco, California on 13 January 1961, enroute to Inchon, Korea, where he arrived on 1 February 1961. He departed Inchon, Korea on 28 April 1962, enroute to Oakland, California, where he arrived on 11 May 1962. The DA Form 24 does not identify any awards or decorations. 4. The FSM's DA Form 20 shows he served in Korea from 13 January 1961 through 11 May 1962, where he was assigned to Company A, 2nd Battalion, 12th Cavalry Regiment. It further shows he qualified as a marksman on 13 December 1961, with the M-1 rifle. 5. The FSM was released for active duty on 30 April 1963. His DD Form 214 shows: * 3 years of active duty service * 1 year, 3 months, and 29 days of foreign and/or seas service * 2 days of lost time * no recorded foreign service * no recorded awards or decorations 6. The FSM served on active duty during one of the periods for which the National Defense Service Medal was authorized. This medal is not shown on his DD Form 214. 7. The FSM served on active duty in the Republic of Korea during a period for which the KDSM was authorized. Neither this medal nor his period of foreign service is shown on his DD Form 214. 8. The FSM's DA Form 20 shows he qualified as a marksman with the M-1 rifle; therefore, he was authorized the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). This marksmanship badge is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004360 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2