BOARD DATE:	  25 August 2009

		DOCKET NUMBER:  AR20090004336 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards.

2.  The applicant states the Army Good Conduct Medal, National Defense Service Medal, Korea Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and Army Lapel Button should be added to his DD Form 214 because the awards were not recorded on the document at the time of his separation.

3.  The applicant provides, in support of his application, copies of his DD Form 214 with an ending date of 25 July 1967; and National Personnel Records Center (NPRC), Military Personnel Records, St. Louis, MO, letter, dated 16 March 2005.

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 requested that the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, this portion of the applicant's request will not be further discussed in these Proceedings.

3.  The applicant was inducted in the Army of the United States for a period of 24 months on 26 July 1965.  Upon completion of training, he was awarded military occupational specialty (MOS) 31M (Radio Relay and Carrier Attendant).

4.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  Item 31 (Foreign Service), the applicant served in the Republic of Korea (ROK) from 28 December 1965 through 26 January 1967; and

   b  Item 38 (Record of Assignments), in pertinent part, the applicant’s assignments during his military service, along with his conduct and efficiency ratings.  This item shows the applicant exclusively received "excellent" conduct and efficiency ratings during his military service.
   
5.  The applicant was honorably released from active duty on 25 July 1967 by reason of expiration of term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Army Good Conduct Medal, Korea Defense Service Medal, or the Army Lapel Button.

6.  In support of this application, the applicant provides, in pertinent part, a copy of an NPRC letter, dated 16 March 2005, that shows the NPRC verified the applicant’s entitlement to the Army Good Conduct Medal, Korea Defense Service Medal, and the Army Lapel Button.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying 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.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal.  The specific award criteria provides: 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; the area of eligibility encompasses all land area of the ROK, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; and 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.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Lapel Button is a gratuitous issue item and the eligibility requirements are as follows:
(a) Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation, and those receiving an Honorable Discharge Certificate); (b) non-adverse separation provision; (c) minimum nine months continuous service - a break is 24 hours or more; (d) active Federal service on or after 1 April 1984; or, service in a Ready Reserve unit organized to serve as a unit (National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; (e) retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Good Conduct Medal, Korea Defense Service Medal, and the Army Lapel Button.

2.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (first award) and to correct his records to show this award.

3.  Records show the applicant served a qualifying period of service in the ROK for award of the Korea Defense Service Medal.  Therefore, it would be 
appropriate to correct his DD Form 214 to show this service medal.
4.  The Army Lapel Button is a gratuitous item issued to Soldiers transitioning from active Federal service with an honorable characterization of service on or after 1 April 1984 and retroactive issuance of the Army Lapel Button is not authorized.  Records show the applicant was honorably released from active duty on 25 July 1967.  Therefore, the applicant is not entitled to correction of his
DD Form 214 to show this item.

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 Army Good Conduct Medal (first award) for exemplary conduct, efficiency, and fidelity for the period 26 July 1965 to 25 July 1967; and

   b.  adding to item 24 of the applicant's DD Form 214 the Army Good Conduct Medal and Korea 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 the Army Lapel Button.



      ___________x___________
               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)                                         AR20090004336



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ABCMR Record of Proceedings (cont)                                         AR20090004336



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