RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            08 JUNE 2006
      DOCKET NUMBER:         AR20050015561


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Scott 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 the Army Good Conduct Medal (AGCM), the
Armed Forces Expeditionary Medal (AFEM), the National Defense Service Medal
(NDSM), the Joint Service Commendation Medal (JSCM), and the Korea Defense
Service Medal (KDSM) be added to his DD Form 214.

2.  The applicant states, in effect, that he is entitled to have the awards
of the AGCM, AFEM, NDSM, JSCM and KDSM added to his DD Form 214.  He
further states that his unit served in Korea during the periods of June
1967 to August 1967 and May 1968 to June 1968.  Additionally, his
interpretation of Army Regulation 600-8-22 confirms his belief that he is
entitled to those awards.

3.  The applicant provides a copy of his DD Form 214, a copy of a page from
his DA Form 20, a copy of a newspaper article dated 21 February 1967
regarding a joint exercise conducted in Okinawa, a copy of a letter from
the United States Armed Services Center for Unit Records Search, and a copy
of a letter of commendation from his battalion commander dated 24 April
1967.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 July 1968.  The application submitted in this case is dated
17 October 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.  He was inducted at Fort Hamilton, New York, on 7 September 1966 and was
transferred to Fort Jackson, South Carolina, to undergo his basic combat
training (BCT).  He completed his BCT and was transferred to Fort Sill,
Oklahoma, to undergo his advanced individual training (AIT) as a field
artillery rocket crewman. He completed his AIT and was transferred to
Okinawa on 2 February 1967.  He was assigned to 1st Missile Battalion, 57th
Artillery and was advanced to the pay grade of E-4 on 26 September 1967.

4.  His records show that he was treated twice for a cold at the Torii
Station (Okinawa) Dispensary in July 1967.  He was also treated three times
at the same location in May 1968 (last visit on 21 May 1968).

5.  He departed Okinawa on 26 June 1968 and was transferred to Fort
Hamilton, New York.  On 30 July 1968, he was honorably released from active
duty as an early overseas returnee.  He had served 1 year, 10 months and 24
days of total active service and was awarded the NDSM and two marksmanship
badges.  Those awards are reflected on his DD Form 214 and there is no
evidence in the available records to show that he was recommended for any
other awards.

6.  A review of his records fails to show any service performed in Korea.
However, his records do show that he had excellent conduct and efficiency
ratings and his record contains no derogatory information that would serve
to disqualify him for award of the AGCM.

7.  The letter from the Center for Unit Records Research indicates that the
applicant’s unit was located at Camp Santa Barbara, Republic of Korea,
during the period of 30 May 1968 to 17 June 1968.  No record of the unit
being in Korea could be located for the year of 1967.

8.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service except that a service school efficiency
rating based upon academic proficiency of at least "good" rendered
subsequent to 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in General Orders.

9.  Army Regulation 600-8-22 (Military Awards) as amended provides that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.  This regulation also provides
that the second and subsequent awards of the National Defense Service Medal
are denoted by a bronze service star affixed to the National Defense
Service Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Armed Forces Expeditionary Medal for qualifying
service after 1 July 1958 in U.S. military operations, U.S. operations in
direct support of the United Nations, and U.S. operations of assistance to
friendly foreign nations.  Qualifications for this award includes the
requirements to be a bona fide member in a unit engaged in the operation or
to serve in the area of operations for 30 days, or to be engaged in direct
support of the operation for 30 consecutive or 60 nonconsecutive days
provided this support involves entering the area of operations.  The
regulation also provides that the Armed Forces Expeditionary Medal may be
awarded if the individual served the full period in cases when the
operation is less than 30 days in duration, if the individual is engaged in
actual combat with armed opposition regardless of the period of service, if
the individual participates as a member of an aircraft flying in support of
the operation, or if the individual is recommended (or attached to a unit
recommended) for award of the medal if the above criteria have not been
met.  The designated military operations and dates of eligibility for this
award for service in Korea is 1 October 1966 to 30 June 1974.

11.  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.

12.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.

13.  Army Regulation 600-8-22 provides that the Joint Service Commendation
Medal (JSCM) was authorized by the Secretary of Defense on 25 June 1963.
It is awarded in the name of the Secretary of Defense to members of the
Armed Forces of the United States who, while assigned to a joint activity
after 1 January 1963, distinguished themselves by meritorious achievement
or service.  In accordance with Deputy Secretary of Defense Memorandum,
"Combat Distinguishing Device for the Joint Service Commendation Medal,"
dated 29 November 1965, the "V" Device was authorized by wear for all
services for acts or service involving direct participation in combat
operations on or after 25 June 1963.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided evidence to show that his unit, an Army
Artillery unit, participated in an exercise in Okinawa with elements of the
Marine Corps, that were also stationed in Okinawa.  He has also provided
evidence to show that his battalion was in Korea from 30 May to 17 June
1968 (18 days).

2.  The applicant’s contention that his unit also served in Korea from June
to August 1967 has also been noted; however, there is no evidence in the
available records to support that contention.  In any event, the evidence
of record places the applicant in Okinawa in July 1967.  Furthermore, he
was in Okinawa in May 1968 and departed Okinawa in June 1968.

3.  Therefore, the applicant has failed to show through the evidence of
record or the evidence submitted with his application that he served in
Korea for 30 consecutive or 60 non-consecutive days in support of
operations in Korea.  Accordingly, he is not entitled to awards of the AFEM
or the KDSM.

4.  The first requirement for award of the JSCM is that the individual must
be assigned to a joint activity/unit; therefore, the applicant was not
qualified for such an award because his unit was not a joint activity.  The
fact that an Army unit participates in training with units of another
service does not establish it as a joint activity.  Therefore, there is no
basis to grant his request to add the JSCM to his DD Form 214.

5.  Inasmuch as the NDSM is already present on his DD Form 214, there is no
basis to add an additional award to his DD Form 214.

6.  After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the AGCM for his
service from 7 September 1966 through 30 July 1968.  This conclusion is
based on the fact that the record is void of any derogatory information,
which would preclude the applicant from being awarded the AGCM, and the
lack of any specific action by the applicant’s unit commander to disqualify
him from receiving the award.

7.  The Board found that the applicant not receiving the AGCM was likely
the result of an administrative error as opposed to it being the result of
a conscious disqualification by any of the unit commanders for which he
served.  Therefore, in the interest of justice, the Board determined that
this error should be corrected and the applicant should receive the AGCM at
this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____RD _  ____JR  _  ___SF __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 awarding him the AGCM
for the period of 7 September 1966 to 30 July 1968, while serving in the
rank of SP4.

2.  The Board further determined that 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
adding the awards of the AFEM, NDSM, JSCM and KDSM to his DD Form 214.




                            ______Richard Dunbar_______
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050015561                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060608                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19680730                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, Sec VII               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |102/agcm                                |
|1.107.0056              |                                        |
|2.107.0069              |115/ndsm                                |
|3.107.0072              |118/afem                                |
|4.107.0019              |65/jscm                                 |
|5.                      |                                        |
|6.                      |                                        |


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