IN THE CASE OF:
BOARD DATE: 4 March 2010
DOCKET NUMBER: AR20090016890
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, in effect, that his records be corrected to reflect all awards to which he is entitled.
2. The applicant states, in effect, that he was stationed with the 1st Special Forces Group in Okinawa and went on a temporary duty (TDY) assignment to Korea. When he returned he was given a medal for that assignment; however, it was not entered on his records.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army in Detroit, Michigan, on 11 August 1970 for a period of 3 years and training in the Army administrative career group. He completed his basic and advanced individual training at Fort Knox, Kentucky, and his airborne training at Fort Benning, Georgia, before being transferred to the 10th Special Forces Group at Fort Devens, Massachusetts, for duty as a clerk typist. He was advanced to the pay grade of E-4 on 28 August 1971.
3. On 22 April 1972, he was transferred to Okinawa for assignment to Signal Company, 1st Support Battalion, 1st Special Forces Group, for duty as a communications clerk.
4. He departed Okinawa on 4 August 1973 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 5 August 1973 as an overseas returnee. He had served 2 years, 11 months, and 25 days of total active service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.
5. A review of his official military personnel file shows that he was awarded the Army Good Conduct Medal (AGCM) in General Orders Number 220, dated 9 July 1973, issued by Headquarters, U.S. Army Base Command-Okinawa. His records fail to reveal any TDY travel outside of Okinawa or entitlement to any additional awards that have not been noted.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the AGCM for his service and it was properly announced in general orders. Accordingly, he is entitled to have that award entered in his records.
2. The available evidence of record fails to reveal any additional foreign duty outside of Okinawa. Therefore, in the absence of evidence to show he served outside of Okinawa and the period in which he served, there appears to be no basis to grant him additional awards at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_____X___ _____X__ ___X____GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined 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 adding the AGCM to his DD Form 214.
2. The Board further determined 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 adding additional awards related to foreign service in Korea to his records.
3. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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.
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