IN THE CASE OF:
BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090011043
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 records to show award of the Purple Heart and the Good Conduct Medal.
2. The applicant states that the Purple Heart and the Good Conduct Medal were awarded and sent to him in the mail in the 1980's.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this 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 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's request for award of the Purple Heart was transferred to the Awards Branch, U.S. Army Human Resources Command, Alexandria, Virginia, for further processing. As a result, this portion of the applicant's request will not be discussed further in this Record of Proceedings. The applicant has been notified by separate correspondence of the disposition of his request for award of the Purple Heart.
3. The applicant enlisted in the Regular Army on 28 June 1965 and upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in Korea from 22 November 1965 to 4 July 1966. On 27 June 1968, he was honorably released from active duty, in the rank of sergeant, after completing 3 years of active duty service.
4. The applicant's DD Form 214 does not show the Good Conduct Medal as an authorized award.
5. There are no orders in the applicant's records awarding him the Good Conduct Medal.
6. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency as "excellent" throughout his period of service.
7. Army Regulation 672-5-1, 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.
8. Review of the applicant's records reveals entitlement to additional awards that are not shown on his DD Form 214.
9. Headquarters, 1st Brigade, Fort Ord, California, Special Orders Number 105, dated 17 August 1965, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.
10. Army Regulation 600-8-22 states the Korea Defense Service Medal was established by the National Defense Authorization Act of 2003. It 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 includes all the land area of the Republic of Korea. 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, or meet certain other criteria, to include being engaged in combat during an armed engagement, regardless of the time in the area of eligibility; or being wounded or injured in the line of duty and requiring medical evacuation from the area of eligibility.
DISCUSSION AND CONCLUSIONS:
1. The applicant was honorably separated in the rank of sergeant with 3 years of creditable active service with no lost time and conduct and efficiency ratings of "excellent" throughout his period of service. Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 28 June 1965 to 27 June 1968.
2. Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). This award should be added to his DD Form 214.
3. The applicant served a period of qualifying service for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:
____x____ ____x____ ____x____ 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 the applicant the Good Conduct Medal for the period 28 June 1965 through 27 June 1968; and
b. adding the Good Conduct Medal, the Korea Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar to his DD Form 214.
_______ _ _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) AR20090011043
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ABCMR Record of Proceedings (cont) AR20090011043
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