RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 December 2005
DOCKET NUMBER: AR20050002654
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 |
| |Mr. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Mr. Richard T. Dunbar | |Chairperson |
| |Mr. James B. Gunlicks | |Member |
| |Mr. Scott W. Faught | |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 records be corrected to show award of
the Good Conduct Medal, the National Defense Service Medal, and the Korea
Defense Service Medal.
2. The applicant states, in effect, that he is entitled to the medals and
would like to have his records corrected.
3. The applicant provides copies of orders for the Good Conduct Medal, a
notification of entitlement to the Korea Defense Service Medal, and his DD
Form 214 (Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 28 August 1965, the date of his release from active duty. The
application submitted in this case is dated 10 February 2005.
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 records show that the applicant entered active duty on 29 August
1962, completed training, and was awarded the military occupational
specialty (MOS) 31M (Radio Operator). He served in Korea from 12 January
1963 through 5 February 1964.
4. The applicant was honorably released from active duty on 28 August
1965. His DD Form 214 lists his awards as the Expert Badge with Rifle Bar
and the Marksman Badge with Rifle Bar.
5. Headquarters, 69th Signal Battalion General Orders 32, dated 31 July
1965, awarded the applicant the Good Conduct Medal.
6. A National Personnel Records Center letter, dated 29 December 2004
notified the applicant of his entitlement to the Korea Defense Service
Medal.
7. Army Regulation 600-8-2, paragraph 2-10, states that the National
Defense Service Medal is awarded for honorable active service for any
period between 27 June 1950 and 27 July 1954; 1 January 1961 and 14 August
1974, and 2 August 1990 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
The records show that, in addition to the awards listed on his DD Form 214,
the applicant is entitled to the Good Conduct Medal, the National Defense
Service Medal, and the Korea Defense Service Medal. Therefore, the
applicant's records should be corrected to reflect these additional awards.
BOARD VOTE:
__JBG___ _RTD __ __SWF__ 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, in addition to the
awards listed on his DD Form 214, the applicant is also entitled to the
Good Conduct Medal, the National Defense Service Medal, and the Korea
Defense Service Medal.
_ Richard T. Dunbar___________
CHAIRPERSON
INDEX
|CASE ID |AR20050002654 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051208 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |Grant |
|REVIEW AUTHORITY | |
|ISSUES 1. |107 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. | |
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