BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090010265 


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 a medal for overseas service; an Army Good Conduct Medal (AGCM); and a separation medal, such as an Army Commendation Medal (ARCOM) or an Army Achievement Medal (AAM).

2.  The applicant states that it is his belief that he was overlooked for medals he deserved for his two years of honorable service.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 military record shows that he was inducted into the Army of the United States and he entered active duty on 25 February 1964.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in the Republic of Korea from 1 August 1964 through 15 August 1965.  Item 33 (Appointments and Reductions) shows he was advanced to specialist four (SP4)/E-4 on 25 May 1965 and that this is the highest rank he attained while serving on active duty.

4.  Item 38 (Record of Assignments) of the DA Form 20 shows that he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  The applicant's Official Military Personnel File (OMPF) is void of any disciplinary history, derogatory information, or a unit commander disqualification that would have precluded him from receiving the first award of the AGCM.

5.  The applicant’s OMPF contains Headquarters, Fort Polk, LA, Special Order Number 89, dated 15 April 1964, which awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar based on his qualification with the M-14 rifle and Special Orders Number 153, dated 1 July 1964, which awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar based on his qualification with the M-60 machinegun.  It also contains Headquarters, 4th Infantry Division, Special Orders Number 254, dated
5 October 1965, which awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar based on his qualification with the .45 caliber pistol.

6.  The applicant's record is void of any orders or other documents that show he was ever recommended for or awarded the ARCOM or AAM by proper authority while serving on active duty.

7.  On 24 February 1966, the applicant was honorably released from active duty (REFRAD) in the rank of SP4, after completing 2 years of active military service. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at that time contains the entry "NONE" and Item 24c (Foreign and/or Sea Service) confirms he completed 1 year and 15 days of foreign service.

8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-20 contains the 
regulatory guidance pertaining to award of the Korea Defense Service Medal 
(KDSM).  It states, in pertinent part, that it is authorized 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 from 28 July 1954 to a date to be determined.

9.  Paragraph 3-17 of the awards regulation contains guidance on award of the ARCOM.  It states, in pertinent part, that the ARCOM is awarded to any member of the Armed Forces of the United States who while serving in any capacity with the Army after 6 December 1941 distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  This award must be formally recommended for meritorious service or achievement and be approved by the proper award approval authority, which is an O-6 or above commander.

10.  Paragraph 3-18 of the awards regulation contains guidance on award of the AAM.  It states, in pertinent part, that it was established by the Secretary of the Army on 10 April 1981.  It is awarded to any member of the Armed Forces of the United States, or to any member of the Armed Forces of a friendly foreign nation, who distinguished himself or herself by meritorious service or achievement of a lesser degree than required for award of the ARCOM.

11.  Chapter 4 of the awards regulation contains guidance on award of the AGCM. It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974,inclusive.

13.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, 
that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to an award for his overseas service was carefully considered and found to have merit.  Although not in effect at the time of his REFRAD, the KDSM was subsequently approved for qualifying service in Korea between 28 July 1954 and a date to be determined.  The applicant's record confirms he served in Korea from 1 August 1964 through 
15 August 1965, and as a result he meets the requirements for entitlement to the KDSM.  Therefore, it would be appropriate to add this award to his record and DD Form 214 at this time.  

2.  The applicant's contention that he is eligible for the AGCM was also carefully considered and found to have merit.  His record confirms he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments and that his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from award of the AGCM.  As a result, it would also be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 25 February 1964 to 24 February 1966, and to add this award to his record and DD Form 214 at this time.

3.  The applicant's record also contains orders confirming he qualified as a marksman with the M-14 rifle and M-60 machinegun and as a result was awarded the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.  He also qualified as a sharpshooter with the .45 caliber pistol and as a result he was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Therefore, it would also be appropriate to add these badges to his DD Form 214 at this time.

4.  While the available evidence is insufficient for awarding the applicant the ARCOM, this in no way affects the applicant’s right to pursue his claim for the ARCOM by submitting a request through his/her Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

5.  The applicant served during a qualifying period for entitlement to the NDSM.  Therefore, his records should be corrected to show this award.

6.  The applicant's contention that he should be awarded the AAM was also carefully considered.  However, the AAM was not established until 10 April 1981, more than 15 years after the applicant's tenure of active service.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

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.  deleting from item 26 of his DD Form 214 the entry "None";
   
   b.  awarding him the Army Good Conduct Medal (first award) for his qualifying period of honorable active service from 25 February 1964 to 24 February 1966; and

   c.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal (first award), National Defense Service Medal, Korea Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Pistol Bar; and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars"; and 

   d.  providing him a correction to his DD Form 214 that includes these changes.

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 Army Commendation Medal or the Army Achievement Medal.



      __________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)                                         AR20090010265



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