IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100012175 


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 Transfer or Discharge) to show the National Defense Service Medal, Korea Defense Service Medal, and the Armed Forces Expeditionary Medal.

2.  The applicant states he believes the administrative person completing his DD Form 214 omitted these awards from his DD Form 214.

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 enlisted in the Regular Army on 9 August 1966 for a period of 3 years.  He completed training and he was initially awarded military occupational specialty (MOS) 45B (Small Arms Repairman).  He was subsequently awarded MOS 76Y (Unit and Organization Supply Specialist).

3.  He served in Korea from 15 January 1967 through 12 March 1968 with Company C, 1st Battalion, 31st Infantry Regiment.

4.  He was advanced to specialist four (SP4)/E-4 on 14 July 1967.  In April 1969 he was recommended for promotion to specialist five (SP5)/E-5.  This recommendation was approved on 22 April 1969 to be effective "when allocations are received" though no final action is of record for this consideration.

5.  The applicant was honorably released from active duty on 8 August 1969 as a SP4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 shows he completed 3 years of total active service with no time lost.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 only lists the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists his awards as the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings throughout his service.

7.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for the first award of the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides the following information:

	a.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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 active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying.  Although there is no automatic entitlement to the 

Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20.

	b.  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 authorized for service in Korea during the period 1 October 1966 - 30 June 1974; and

	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 distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, "excellent" conduct and efficiency ratings, personal decorations, and his advancement to SP4.  The record contains no indication of any disqualifying incidents or recommendations.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (first award) for his period of service from 9 August 1966 through 8 August 1969 and correct his DD Form 214 to show this award.

2.  The applicant's award of the National Defense Service Medal was omitted from his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  The applicant served in Korea during a qualifying period for which both the Armed Forces Expeditionary Medal and the Korea Defense Service Medal is authorized.  Therefore, it would be appropriate correct his DD Form 214 to show these awards.

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 Army Good Conduct Medal (first award) for the period
9 August 1966 through 8 August 1969; and

	b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), National Defense Service Medal, Armed Forces Expeditionary Medal, and the Korea Defense Service Medal.



      __________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)                                         AR20100012175



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ABCMR Record of Proceedings (cont)                                         AR20100012175



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