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ARMY | BCMR | CY2004 | 20040011325C070208
Original file (20040011325C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 OCTOBER 2005
      DOCKET NUMBER:  AR20040011325


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Carol Kornhoff                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 29 March 1973 DD Form 214 be corrected
to show that he completed armor crewman training at Fort Knox, Kentucky,
vice the Fort Lewis, Washington location shown, that he completed a basic
leadership course at Fort Hood, Texas, and that he was awarded the Armed
Forces Expeditionary Medal and the Army Good Conduct Medal.

2.  The applicant states that he received basic training at Fort Lewis, but
received his entire armor crewman training at Fort Knox.  He states that he
completed the basic leadership course at Fort Hood.  He was in Korea from
20 March 1971 to 17 April 1972 and is entitled to award of the Armed Forces
Expeditionary Medal.  He served honorably for 3 years as indicated by his
DD Form 214.  He received excellent conduct and efficiency ratings from all
his commanding officers, received a certificate of service, a certificate
of achievement, a diploma from the Armor School, and was promoted to
sergeant after only 8 months in the Army.  He is entitled to award of the
Army Good Conduct Medal.

3.  The applicant provides the evidence indicated herein.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 March 1973.  The application submitted in this case is
dated       9 December 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army for 3 years on 30 March 1970 and was
assigned to Fort Lewis for basic combat training.  He completed that
training and in June 1970 was assigned to Fort Knox for training as an
armor crewman.  He completed that training, and in August 1970 attended the
Armor Noncommissioned Officer (NCO) Candidate Course at Fort Knox.  He was
promoted to corporal on 31 August 1970.  He graduated from the NCO
Candidate Course on 24 November 1970 and promoted to sergeant on that same
date.  He remained at Fort Knox and was assigned to Troop D,
10th Cavalry as an assistant tank commander.  In March 1971 the applicant
was assigned to the Eighth United States Army Honor Guard in Korea.  He
returned to the United States and in May 1972 was assigned to Fort Hood,
Texas.  On    20 October 1972 the applicant completed the Basic Leadership
Course at Fort Hood.  He received a Certificate of Achiement while at Fort
Hood.

4.  The applicant’s clearance records, from the Armor School at Fort Knox,
from Troop D, 10th Cavalry, from Korea, and upon his separation at Fort
Hood in March 1973, all show that his commanding officers considered his
conduct and efficiency as excellent.  The applicant’s Enlisted
Qualification Record shows that his conduct and efficiency were excellent
during his military service.

5.  The applicant was released from active duty at Fort Hood in the rank of
sergeant with an honorable characterization of service on 29 March 1973.
His DD Form 214 (item 25) shows that he completed training as an armor
crewman at Fort Lewis.  That form shows award of the National Defense
Service Medal and the Expert Marksmanship Qualification Badge with rifle
bar.

6.  Army Regulation 600-8-22 provides for award of the Armed Forces
Expeditionary Medal for United States military operations, United States
operations in direct support of the United Nations, and United States
operations of assistance for friendly foreign nations.  It is awarded for
service in Korea from  1 October 1966 to 30 June 1974.

7.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

8.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

9.  Army Regulation 635-5, then in effect, provides instructions for the
preparation of the DD Form 214 and states in pertinent part that
installation training courses (qualification courses), military
correspondence courses, and   off-duty courses the enlisted person has
completed will be entered in              item 25 (Education and Training
Completed).

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant completed training as an armor
crewman at Fort Knox, not Fort Lewis; consequently, item 25 of his DD Form
214 should be corrected to show “USAARMS Ft Knox, KY – Armor Crewman,” vice
“USATCA Ft Lewis, WA – Armor Crewman.”

2.  The applicant completed the Basic Leadership Course (40 hours) at Fort
Hood on 20 October 1972.  Item 25 of his DD Form 214 should reflect this
information.

3.  The applicant is entitled to award of the Armed Forces Expeditionary
Medal and the Korea Defense Service Medal by virtue of his service in Korea
during the qualifying period.

4.  The applicant’s conduct and efficiency were excellent throughout his
military service.  He served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.

BOARD VOTE:

__TK____  __PM___  __CK ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that he completed training as
an armor crewman at Fort Knox, Kentucky, vice Fort Lewis, Washington, as
shown in item 25 of his DD Form 214; that he completed the Basic Leadership
Course           (40 hours) at Fort Hood, Texas, on 20 October 1972; and
that he was awarded the Armed Forces Expeditionary Medal, the Korea Defense
Service Medal, and the Army Good Conduct Medal.




                            ______Ted Kanamine________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011325                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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