IN THE CASE OF:	  

		BOARD DATE:	    18 November 2010

		DOCKET NUMBER:  AR20100015154 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show all of the awards he earned during his period of active service.

2.  The applicant states his DD Form 214 is not up to date.

3.  The applicant provides a DD Form 214, a letter from the National Personnel Records Center (NPRC), and an article from the Veterans of Foreign Wars Magazine.

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 2 October 1961 and upon completion of initial entry training he was awarded military occupational specialty 181.10 (Radar Operator).

3.  Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 15 July 1963 to 4 August 1964.  Section 5 (Service Outside Continental United States) of his DA Form 24 also documents his service in Korea.  Section 4 (Chronological Record of Military Service) shows he received "excellent" conduct and efficiency ratings during all of his active duty assignments.

4.  He was honorably released from active duty in the rank of specialist five/E-5 on 4 August 1964 after completing 2 years, 10 months, and 3 days of active duty service.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he served 1 year and 20 days of foreign and/or sea service.  Item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded of Authorized) of his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Carbine Bar, Marksman Marksmanship Qualification Badge with Carbine Bar, and the Basic Missileman Badge.

5.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification statement that would have precluded him from receiving the Army Good Conduct Medal.

6.  He provided a letter from the NPRC that informed him of his entitlement to the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Carbine Bar and an article from the Veterans of Foreign Wars Magazine which announced the implementation of the Korea Defense Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

8.  Army Regulation 600-8-22 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.


9.  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.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show all of the awards he earned during his period of active service has been carefully reviewed.

2.  The applicant served on active duty from 2 October 1961 to 4 August 1964.  Therefore, he served a period of qualifying service for the National Defense Service Medal.  This award should be added to his DD Form 214.

3.  His DA Form 20 and DA Form 24 show he served in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is also entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the first 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 period of qualifying honorable active service from 2 October 1961 to 4 August 1964 and to correct his DD Form 214 accordingly.

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 (1st Award) for the period
2 October 1961 to 4 August 1964; and

	b.  adding to item 26 of his DD Form 214 the National Defense Service Medal, Korea Defense Service Medal, and the Army Good Conduct 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)                                         AR20100015154



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ABCMR Record of Proceedings (cont)                                         AR20100015154



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