RECORD OF PROCEEDINGS


	IN THE CASE OF:	  .


	BOARD DATE:	  6 MARCH 20087
	DOCKET NUMBER:  AR20060009163 


	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.




Director



Analyst

The following members, a quorum, were present:



Chairperson


Member



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 award of the Army Good Conduct Medal (AGCM), Korean Service Medal, Korea Defense Service Medal, Armed Forces Expeditionary Medal (AFEM), and Army Overseas Service Ribbon (OSR).

2.  The applicant states that these awards were not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214, DA Form 137 (Clearing Papers), and correspondence from the National Personnel Records Center (NPRC).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 12 April 1962.  The application submitted in this case is dated        22 June 2006.

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’s records show that he enlisted in the Regular Army on 
16 March 1959.  The applicant was credited with 3 years, and 27 days of credible service in which 1 year, 7 months, and 2 days was listed as Foreign Service.  The applicant was honorably discharged on 12 April 1962.

4.  The word "None" is listed in item 26 "Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized" on the applicant’s DD Form 214.

5.  The NPRC letter, dated 30 September 2004, stated that they verified the applicant’s entitlement to the National Defense Service Medal and the Korea Defense Service Medal.  


6.  The applicant’s DA Form 24 (Service Record) shows that he departed from Seattle, Washington, on 8 August 1959 and arrived in Inchon, Korea, on 
25 August 1959.  He departed Inchon, Korea, on 20 August 1960 for his new duty assignment in France.  Additionally, this form provides a chronological record of the applicant’s military service.  This form shows that the applicant received all "Excellent" ratings in conduct and efficiency from March 1959 to April 1962.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Korea from 8 August 1959 to 2 September 1960.  He was credited with normal overseas tour completion.  This form also shows he served 6 months in France from 6 October 1961 to 2 April 1962.  However, there is no indication that he received tour completion credit.

8.  There are no derogatory documents in the applicant’s records or any indication of any adverse action taken against the applicant during his service in the military.

9.  Army Regulation 672-5-1(Military Awards), 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.

10.  The same regulation provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

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.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal (AFEM) is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  Berlin, during the period 14 August 1961 to 1 June 1963, was designated as an area authorized for the award of the AFEM. 

13.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.  Additionally, service members who had overseas service with another branch of service (USN, USAF, or USMC), must be credited with a normal overseas tour completion by that service to qualify for award of the Army Overseas Service Ribbon.

14.  Records show that the applicant is entitled to an additional award that is not shown on his DD Form 214.  The applicant’s DD Form 214 does not show the award of the National Defense Service Medal.

15.  Army Regulation 600-8-22, 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.  





DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he received all "excellent" conduct and efficiency ratings during the entire period of qualifying service.  Therefore, he is entitled to the award of the AGCM.

2.  The applicant’s records show he enlisted in the Regular Army in March 1959 and was discharged in April 1962.  Therefore, he is not eligible for the award of the Korean Service Medal which was authorized during the period June 1950 to July 1954.  However, the records show that the applicant is entitled to the award of the Korea Defense Service Medal.

3.  There is no documentation in the available records to show that the applicant was assigned or attached to a unit in Berlin.  Therefore, he is not entitled to the award of the AFEM.

4.  There is no evidence to show that the applicant had an Active Army status on or after 1 August 1981 to qualify for the award of the Overseas Service Ribbon.  Therefore, in the absence of documentation to verify his active duty status, there is an insufficient basis to grant his request for the award of the OSR.

5.  Records show that the applicant is entitled to the award of the National Defense Service Medal.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 April 1962; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
11 April 1965.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JA____  ___SF __  ___RV___  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 as follows:

by showing he is entitled to the award of the Army Good Conduct
Medal for the period 16 March 1959 through 15 March 1962;

b.  by awarding him the Korea Defense Service Medal; and

c. by showing he is entitled to the award of the National Defense Service Medal.

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 award of the Korean Service Medal, Armed Forces Expeditionary Medal, and the Army Overseas Service Ribbon. 




____ James Anderholm______
          CHAIRPERSON




INDEX

CASE ID
AR20060009163
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070306
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.