ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 8 October 2019 DOCKET NUMBER: AR20170008566 APPLICANT REQUESTS: an update of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Korean Service Medal (KSM) * Sharpshooter Marksmanship Badge with Rifle Bar (M1) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Personnel Records Center (NPRC) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his military records were burned in 1973 in Austin, TX. 3. The applicant provides a letter from NPRC, dated 22 March 2017, which states they have no authority to review and approve amendments or corrections to military records. This is a function of the Review Boards of the military departments. 4. Based on the available information in the applicant’s service record: a. He enlisted in the Regular Army (RA) on 16 March 1948 for 3 years in the rank/grade of private first class (PFC)/E3. b. His record is void of any documentation to support he served in Korea other than his time at Camp Stoneman, a military facility located in Pittsburg, CA which housed a military facility that served as a staging area for troops for the Pacific Theater of Operations during the Korean War. c. According to his DA Form 20 (Soldier’s Qualification Card), created approximately 16 March 1951 and closed out on 26 February 1954, shows the applicant was awarded or authorized: * item 28 (remarks): Korean Service Medal * item 29 (record of current service): 28 October 1951 to 12 November 1951, 6212 ASU Camp Stoneman, CA d. He had continuous honorable service from 16 March 1948 to 26 February 1954. e. On 26 February 1954, the applicant was honorably discharged. He completed 5 years, 11 months, and 11 days of total net service. f. He had an approximate 8-year break in service and joined the RA on 13 August 1962. g. His DA Form 20 (Enlisted Qualification Record), which was dated and signed by the applicant on 29 September 1965, states he was awarded or authorized: item 41 (awards and decorations): Sharpshooter Qualification Badge with Rifle Bar (M1). h. On 8 February 1966, his DD Form 214 shows he was discharged with an under honorable conditions characterization of service. He completed 9 years, 5 months and 7 days of active service. 5. By regulation AR 600-8-22 (Military Awards) states the KSM is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. The Soldier must have been on permanent assignment, on TDY for 30 consecutive days or 60 nonconsecutive days, or in active combat against the enemy. 6. By regulation AR 635-5 (Personnel Separations – Separation Documents), enter decorations, medals, badges, commendations, citation, and campaign ribbons awarded or authorized during period covered by the DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. His DA Form 20 clearly shows he was authorized the KSM based upon his prior military service in Korea. Other documents also support his request for the marksmanship badge. Board members voted to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 to his DD Form 214 ending on 8 February 1966, the Korean Service Medal (KSM) and the Sharpshooter Marksmanship 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Record (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. The Soldier must have been on permanent assignment, on TDY for 30 consecutive days or 60 nonconsecutive days, or in active combat against the enemy. 3. Army Regulation 635-5 (Personnel Separations – Separation Documents) enter decorations, medals, badges, commendations, citation, and campaign ribbons awarded or authorized during period covered by the DD Form 214. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170008566 4 1