RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 April 2008
DOCKET NUMBER: AR20080000917
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.
Ms. Catherine C. Mitrano
Director
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Chester A. Damian
Member
Mr. Qawiy A. Sabree
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 he be awarded the Army Good Conduct Medal, the Armed Forces Expeditionary Medal, and the Korea Defense Service Medal.
2. The applicant states that the above awards were omitted from his service records.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his DA Form 20 (Enlisted Qualification Record.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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 applicants 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 24 September 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty 16B (Hercules Missile Crewman).
3. The applicant was assigned to Korea from on or about 29 October 1971 to 28 March 1972.
4. Upon departing Korea for separation processing, the applicants commander signed his DA Form 137 (Installation Clearance Record) indicating, in pertinent part, that he recommended the applicant for the Army Good Conduct Medal.
5. The applicant was honorably released from active duty on 28 March 1972, in the rank and grade of Specialist Five, E-5, after completing 3 years, 6 months, and 5 days of creditable active service with no lost time. His DD Form 214 shows he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badge (M-14 Rifle), the Sharpshooter Marksmanship Qualification Badge (M-16 Rifle), and the Marksman Marksmanship Qualification Badge (M-16 Rifle).
6. The applicants records contain no derogatory information. His DA Form 20 shows his conduct and efficiency were rated as excellent throughout his enlistment.
7. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated 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 Soldiers conduct and efficiency ratings must have been rated as excellent for the entire period of qualifying service.
8. Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Expeditionary Medal to participants in military operations within a specific geographic area during a specified time period. Paragraph 2-13d specifically provides that individuals qualified for the Armed Forces Expeditionary Medal for service in Korea from 1 October 1966 to 30 June 1974.
9. Army Regulation 600-8-22 provides for 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; or 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed over 3 years of creditable active service with no lost time. His records contain no derogatory information, his conduct and efficiency were rated as excellent throughout his service, and his last commander recommended him for award of the Army Good Conduct Medal. It appears he met the eligibility criteria for award of the Army Good Conduct Medal for the period 24 September 1968 through 23 September 1971.
2. The applicant served in Korea during a qualifying period of time for award of both the Armed Forces Expeditionary Medal and the Korea Defense Service Medal. Both these awards should be added to his DD Form 214.
BOARD VOTE:
__jtm___ __cad___ __qas__ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding him the Army Good Conduct Medal for the period 24 September 1968 through 23 September 1971; and
b. adding the Army Good Conduct Medal, the Armed Forces Expeditionary Medal, and the Korea Defense Service Medal to his DD Form 214.
__John T. Meixell____
CHAIRPERSON
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