BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100009346 


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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show the award of the Army Good Conduct Medal (AGCM).  The applicant also requests correction of item 7 (Type of Separation) to read "honorable."

2.  The applicant states he should have been authorized the AGCM since he served in the Army for over 3 years.

3.  The applicant provides a copy of his DD Form 214.

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 requested that item 7 of his DD Form 214 be corrected to read "honorable" as the type of separation.  However, the unnumbered first block of his DD Form 214 correctly shows "honorable" as the character of separation.  Based on this information, the applicant's request to correct item 7 will not be discussed further.

3.  The applicant's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the applicant's DD Form 214.

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 16 March 1948.  He was trained in, awarded, and served in military occupational specialty 1812 (Heavy Mortar Platoon Sergeant).  The applicant served 4 years on active duty of which 1 year, 6 months, and 16 days were listed as foreign service.  He was honorably discharged on 15 March 1952.

5.  The applicant's DD Form 214 shows his rank as sergeant (SGT) (temporary) and his date of rank is listed as 10 July 1951.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:  Army of Occupation Medal (Japan), Combat Infantryman Badge, and the Korean Service Medal with five bronze service stars.

7.  The available evidence contains no indication the applicant committed any infractions which would have disqualified him from receiving the AGCM or that he was ever disqualified for the award by any of his active duty unit commanders.  Additionally, item 38 (Remarks) of his DD Form 214 contains an entry confirming he had no lost time.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  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.

9.  A review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown.  The applicant's DD Form 214 does not list award of the National Defense Service Medal (NDSM), Republic of Korea War Service Medal (ROKWSM), or the United Nations Service Medal (UNSM).

10.  Army Regulation 672-5-1 provides that the NDSM was awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, inclusive.

11.  According to Army Regulation 600-8-22 (Military Awards), paragraph 9-12, the UNSM is authorized for Soldiers who served in Korea during the period 27 June 1950 to 27 July 1954.  Those Soldiers who received the Korean Service Medal are automatically eligible for the UNSM.

12.  Army Regulation 600-8-22 provides guidance for awarding the ROKWSM.  It states that it was awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed while on permanent assignment for 30 consecutive days or on temporary duty for 60 nonconsecutive days within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant achieved the temporary rank of SGT and was awarded the CIB.  Lacking any derogatory information or a formal disqualification from any of his active duty unit commanders, it is concluded the applicant's honorable active duty service qualified him for the first award of the AGCM.  Therefore, in the interest of equity, it would be appropriate to award the applicant the AGCM for the period 16 March 1948 to 15 March 1951 at this time.

2.  By regulation, the NDSM was authorized for honorable active duty service completed between 27 July 1950 and 27 July 1954.  As a result, the applicant is entitled to this award and it should be added to his DD Form 214.

3.  The applicant's separation document confirms he completed 1 year, 6 months, and 16 days of foreign service.  Although the evidence does not show the actual dates he served in Korea, his service there is confirmed by his being awarded the Korean Service Medal with five bronze service stars.  Therefore, he is also entitled to award of the UNSM.

4.  The evidence of record further shows the applicant served in Korea during the Korean War.  As a result of his service, he is entitled to ROKWSM.  Therefore, it would be appropriate to add this award to his separation document.

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 him the AGCM (1st Award) for the period 16 March 1948 to 15 March 1951 and

	b.  adding to his DD Form 214 the AGCM, NDSM, UNSM, and ROKWSM.



      ___________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)                                         AR20100009346



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)