IN THE CASE OF:	  

		BOARD DATE:	        24 February 2009

		DOCKET NUMBER:  AR20080018529 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) to show his Certificate of Recognition and State of New York Medal of Merit.

2.  The applicant states that his DD Form 214 does not list all his awards.

3.  The applicant provides a copy of his DD Form 214, dated 25 February 1982; a copy of his Cold War Certificate of Recognition; a copy of a certificate, dated 4 June 2003, showing he was awarded the State of New York Medal for Merit; and a photograph of his awards display in support of his application.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant's records show he enlisted in the Regular Army for a period of 2 years on 23 August 1971.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 94B (Cook).  He attained the rank of specialist four (SP4)/E-4 was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 28 March 1973.

3.  The applicant's records also show he served in Korea from 19 January 1972 to 23 March 1973.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 28 March 1973 shows he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 24 does not show award of the Good Conduct Medal.

5.  After a break in service, the applicant enlisted in the Regular Army for a period of 3 years on 26 February 1975.  He again completed advanced individual training and was awarded MOS 76P (Stock Control and Accounting Specialist).

6.  The applicant's records also show he served in Germany from 10 November 
1976 to 13 April 1977.  He was honorably discharged on 25 February 1978.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbon Awarded or Authorized) of his DD Form 214 for the period ending 25 February 1978 shows he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal (Korea), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 26 does not show award of the Good Conduct Medal.

8.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received excellent conduct and efficiency ratings throughout his first period of military service.  Furthermore, a review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

10.  The applicant submitted copies of his Cold War Certificate, in recognition of his service during the Cold War, and a Certificate of the State of New York Medal for Merit to be added to his DD Form 214.

11.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

12.  Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, South Carolina, Special Orders Number 153, dated 20 October 1971, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar on 18 October 1971.

13.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  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 area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974 in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314.

14.  Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  This regulation provides that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served honorably from 23 August 1971 through 28 March 1973.  He attained the rank of SP4/E-4, completed an overseas tour in Korea, and received excellent conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal.  Therefore, he is entitled to correction of his records to show this award.

2.  The evidence of record also shows the applicant served honorably from 26 February 1975 through 25 February 1978.  Therefore, he is also entitled to his second of award of the Good Conduct Medal and correction of his records to show this award.

3.  The evidence of record shows that the applicant served in Korea from 19 January 1972 to 23 March 1973; therefore, he served a qualifying period of service for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.

4.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Grenade Bar which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  The applicant submitted copies of his Cold War Certificate of Recognition and a certificate of the State of New York Medal for Merit.  Although copies of certificates of achievement, recognition, and/or appreciation are filed in the official military personnel file, there is no provision to list such certificates on the DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 August 1971 through 28 March 1973; 

	b.  awarding the applicant the Good Conduct Medal (2nd Award) for exemplary behavior, efficiency, and fidelity during the period 26 February 1975 through 25 February 1978; and

	c.  adding the Good Conduct Medal (2nd Award), the Korea Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar to the applicant's DD Form 214.

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 the applicant's Cold War Certificate and State of New York Medal of Merit.



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      _________________________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080018529



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ABCMR Record of Proceedings (cont)                                         AR20080018529



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