IN THE CASE OF:	  

		BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100007808 


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 the Army Good Conduct Medal, Armed Forces Expeditionary Medal for Korea, Overseas Service Ribbon, Korea Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar. 

2.  The applicant states he had completed 3 years of qualifying service for the Army Good Conduct Medal prior to the 10 days lost time.

3.  The applicant provides copies of his two DD Forms 214 (Reports of Separation from Active Duty) to substantiate his request.

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 and entered active duty on 28 September 1972.  He completed training and was awarded military occupational specialty (MOS) 71T as an equipment maintenance clerk.  

3.  He then reported to Fort Campbell, Kentucky on 26 February 1973, was advanced to specialist four (E-4)) on 15 April 1974, and was enroute to Korea on 3 July 1974.

4.  He arrived in Korea on 15 September 1974 and reenlisted on 28 February 1975 on a station of choice option for assignment to Fort Campbell, Kentucky. 

5.  A 17 May 1975 DA Form 4187 (Personnel Action) indicates that the applicant had been erroneously reported absent without leave (AWOL).  He had, in fact, been attached to a stateside unit pending compassionate discharge.  His unit in Korea, D  Company, 702d Maintenance Battalion had not been officially notified of the applicant's status until 16 May 1975 [emphasis added].

6.  He was attached to Headquarters, 101st Airborne Division (Air Mobile) and Fort Campbell, Kentucky, effective 16 June 1975.

7.  The applicant completed 3 years active duty service on 28 September 1975.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were all "excellent."  There was no misconduct of record.  Item 41 (Awards and Decorations) shows he was authorized the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  An undated DA Form 2496-1 (Disposition Form) indicates that the applicant was AWOL on 22 October 1975.  He reportedly had gone AWOL, "To get hardship discharge."  An attached 29 October 1975 DA Form 751 (Telephone or Verbal Conversation Record) indicates that the applicant was having trouble getting discharged because Korea had not cleared him and sent his records.  

9.  In November 1975 the applicant and his family completed an application package for a hardship discharge.  The applicant was needed to help care for his father.  A letter from a mental health professional reported the father was psychotic and suicidal.  The applicant seemed to be best able to manage him.

10.  On 25 November 1975 the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice.  He received a suspended forfeiture of $75 for being AWOL from 21 October to 30 October 1975.


11.  On 13 January 1976 the applicant was separated with an honorable discharge due to hardship.  His final DD Form 214 lists the National Defense Service Medal as the only authorized award.

12.  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 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

13.  Army Regulation 600-8-22 (Military Awards) states:

   a.  the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The Armed Forces Expeditionary Medal was awarded for Korea between 1 October 1966 and 30 June 1974.

   b.  the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

   c.  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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant states he had completed 3 years of qualifying service for the Army Good Conduct Medal prior to the 10 days lost time.  He should be awarded the Army Good Conduct Medal, Armed Forces Expeditionary Medal for Korea, Overseas Service Ribbon, Korea Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar. 

2.  The applicant is correct, the lost time occurred after he had completed a 3-year period qualifying service for award of the Army Good Conduct Medal.  His conduct and efficiency ratings were all "excellent" and there was no misconduct of record.  Although there is no recommendation in the available record, this is completely understandable given the confusing state of the applicant's status and records at that time.  He should be awarded the Army Good Conduct Medal.
 
3.  He qualifies for award of the Korea Defense Service Medal.

4.  He was authorized the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The period for award of the Armed Forces Expeditionary Medal for Korea expired on 30 June 1974, before the applicant reached Korea, and the Overseas Service Ribbon had not yet been authorized.

6.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

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 the period 28 September 1972 through 27 September 1975; and 
   
   b.  showing that, in addition to the National Defense Service Medal currently shown on his 13 January 1976 DD Form 214, he is also authorized the Army Good Conduct Medal, Korea Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

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 authorizing award of the Armed Forces Expeditionary Medal and the Overseas Service Ribbon.  



      _______ _  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)                                         AR20100007808





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)