IN THE CASE OF:	  

		BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100001001 


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 (Report of Separation from Active Duty) to reflect award of the Army Good Conduct Medal, Korea Defense Service Medal, one service stripe for 3 years of service, and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.

2.  The applicant states that due to an administrative oversight they were not awarded and the Korea Defense Service Medal was not authorized at the time of his discharge.

3.  The applicant provides four Enlisted Efficiency Reports 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 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 on 21 October 1970 for 2 years.  He completed initial entry training and was awarded military occupational specialty (MOS) 31M (Radio Relay Carrier Attendant).  He extended his 2-year enlistment on 12 January 1973 for an additional 29 months.  On 15 June 1973, he was awarded MOS 97B (Counterintelligence Agent).

3.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows that in November 1970 he qualified as expert with the M-16 rifle. Item 31 (Foreign Service) shows he served in Korea from 18 July 1973 to 17 July 1974.  Item 33 (Appointments and Reductions) shows he was promoted to sergeant/E-5 on 5 June 1972.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments and item 41 (Awards and Decorations) shows the National Defense Service Medal, the Armed Forces Expeditionary Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His Official Military Personnel File (OMPF) is void of any derogatory information that would have precluded award of the Army Good Conduct Medal.  It is also void of orders for the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.

5.  On 20 June 1975, he was honorably released from active duty in the rank of SGT/E-5 after completing 4 years and 8 months of active duty service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and the Armed Forces Expeditionary Medal - Korea.

6.  Army Regulation 600-8-22 (Military Awards) states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.

8.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

9.  Army Regulation 600-8-22 does not identify service stripes as a decoration or award which is to be recorded on the DD Form 214.  The use of service stripes for length of service is governed by Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the Army Good Conduct Medal, Korea Defense Service Medal, a Service Stripe, and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars has been carefully reviewed.

2.  He was honorably released from active duty in the rank of sergeant/E-5.  His record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and is void of any derogatory information or unit commander disqualification that would have precluded award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying period of honorable active duty service from 21 October 1970 through 20 October 1973 and to add this award to his DD Form 214.

3.  His record also confirms he completed a tour of duty in Korea.  Based on this service, he is entitled to award of the Korea Defense Service Medal and to have this award added to his DD Form 214.

4.  There are no orders showing he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); however, items 29 and 41 of his DA Form 20 show he is authorized this badge.  Therefore, this badge should be added to his DD Form 214.

5.  There are no orders or any other evidence that confirms he qualified as an expert with the grenade.  Therefore, his request for award of the Grenade Bar for wear on his Expert Marksmanship Qualification Badge should be denied.

6.  He is also requesting that his DD Form 214 be corrected to reflect one service stripe for 3 years of service; however, the awards regulation does not identify service stripes as a decoration or award which is to be recorded on a DD Form 214.  As a result, this portion of his request should be denied.

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 him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 21 October 1970 through 20 October 1973; and 

	b.  adding to his DD Form 214 the Army Good Conduct Medal, the Korea Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

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 further correcting his DD Form 214 by adding the Expert Marksmanship Qualification Badge with Grenade Bar and one service stripe.  




      __________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)                                         AR20100001001



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ABCMR Record of Proceedings (cont)                                         AR20100001001



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