AR20150009403

IN THE CASE OF:

BOARD DATE: 24 May 2015

DOCKET NUMBER: AR20150009403

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

_____X___ ___X_____ ___X_____ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 24 May 2015

DOCKET NUMBER: AR20150009403

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 showing that the applicant is also authorized award of the Korea Defense Service Medal.

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 Air Assault Badge and pay grade E-5.

_____________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: 24 May 2015

DOCKET NUMBER: AR20150009403

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 records to show his pay grade as E-5 and award of the Korea Defense Service Medal and the Air Assault Badge.

2. The applicant states at the time he was released from active duty they did not finish the records.

3. The applicant provides a Certificate of Training for the Armed Forces Vocational Aptitude Battery Improvement Course.

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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 31 May 1975, completed training, and was awarded military occupational specialty (MOS) 11B (Infantryman). He reenlisted on 23 January 1978 and cross-trained into MOS 11H (Heavy Anti-armor Weapons Crewman).

3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows

* promotion to sergeant/E-5 on 10 November 1980 and reduction to specialist four (SP4) on 27 October 1983
* service in Korea from 12 October 1975 through 19 October 1976
* two tours of duty in Germany
* award of

* Army Achievement Medal
* Good Conduct Medal (3rd award)
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Overseas Service Ribbon (3rd award)
* Expert Marksman Qualification Badge with Rifle and Grenade Bars

4. The applicant’s 15 May 1986 DD Form 214 lists his awards as

* Army Service Ribbon
* Overseas Service Ribbon (2nd award)
* Good Conduct Medal (3rd award)
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Expert Marksman Qualification Badge with Rifle and Grenade Bars
* Army Achievement Medal

REFERENCES:

Army Regulation 600-8-22 (Military Awards) provides that:

a. The Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to 101st Airborne Division (Air Assault) after 1 April 1974.

b. The Korea Defense Service Medal was created in 2002 and is authorized for those members of the United States Armed Forces who have served in support of the defense of the Republic of Korea after 27 July 1953.

DISCUSSION:

1. In addition to the awards listed on the 1986 DD Form 214, the applicant is also authorized the Korea Defense Service Medal.

2. The applicant has not provided and the record does not contain any evidence that he attended the Air Assault Course and was authorized award of the Air Assault Badge.

3. The applicant was reduced to SP4 on 27 October 1983. There is no evidence that he was again promoted to sergeant following that reduction.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009403

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009403

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2