BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100013930 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add his overseas service bars and other authorized awards for his tour in the Republic of Korea, and to add a typing course to item 25 (Education and Training Completed).  

2.  The applicant states, in effect, he spent 1 year, 2 months, and 4 days in Korea.  He requests his record be corrected to show all awards to which he is entitled.   

3.  The applicant has not provided any additional documentation in support of 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's record shows he was inducted into in the Regular Army on 
4 August 1969 for a period of 2 years.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty 13A (Field Artillery Basic).  

3.  A copy of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 4 January 1970 through 3 February 1971.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal (NDSM), Armed Forces Expeditionary Medal (AFEM), Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar. 

4.  On 7 March 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, MO.  He completed 1 year, 7 months, and 4 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the NDSM; AFEM, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 25 shows the entry "SP ORIENTATION 7 WEEKS."

5.  The applicant's records are void of evidence and he has not provided any to show he completed a typing course. 

6.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  The applicant's record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military career.
  
8.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-20 contains guidance on award of the KDSM.  It states, in pertinent part, that it is authorized for 30 consecutive or 60 nonconsecutive days of service in Korea performed between 28 July 1954, and a date to be determined. 
 
10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4h(4) states, in effect, that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed in Item 14. This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.  

11.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the overseas service bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to add overseas service bars and other authorized awards for his tour in the Republic of Korea and to add training for a typing course was carefully considered and was found to be partially supported by the evidence of record.

2.  The applicant contends he completed typing school which is not listed on his DD Form 214.  His records are void and he has not provided sufficient evidence to show he attended this training.  Therefore, he is not entitled to have this entry annotated on his DD Form 214.

3.  The evidence of record confirms the applicant served in Korea from 
4 January 1970 through 3 February 1971, and as result he is entitled to the KDSM, which should be added to his DD Form 214.  The overseas service bar is a uniform item and not an authorized award or decoration.  His service in Korea entitles him to wear the appropriate number of bars on his uniform.

4.  The evidence of record confirms the applicant served honorably during the period 4 August 1969 through 7 March 1971.  He received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

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 AGCM (1st Award) for the period 4 August 1969 through 7 March 1971, and

	b.  adding the following awards to item 24 of his DD Form 214:

* AGCM (1st Award)
* KDSM








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 adding overseas service bars or addition of typing school training.  



      _______ _   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)                                         AR20100013930





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100013930



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1