IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100015999 


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) for the period ending 9 May 1968 to list all awards and decorations earned for his service in the Republic of Korea. In addition, he requests item 22c (Foreign and or Sea Service) on his DD Form 214 be corrected to show his service in the Republic of Korea. 

2.  The applicant states, in effect, that his DD Form 214 should be corrected to reflect his service in the Republic of Korea and all of the awards he is entitled to receive.

3.  The applicant provides no additional documentation in support of this case.

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 was inducted into the Army of the United States on 10 May 1966 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 95B (Military Policeman).

3.  He arrived in the Republic of Korea and was assigned to the 55th Military Police Company on 4 October 1966.  He departed the Republic of Korea on      29 October 1967.  

4.  On 9 May 1968, he was honorably released from active duty in the rank of specialist four (SP4)/E-4 after completing 2 years of creditable active service.  Item 22c of his DD Form 214, dated 9 May 1968, shows the entry "0" years "0" months and "0" days.

5.  His DD Form 214 shows he was awarded:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge (Pistol)
* Marksman Marksmanship Qualification Badge (Rifle)

6.  A DD Form 215 (Correction to DD Form 214), dated 30 October 1984, was issued to the applicant which amended item 22c of his DD Form 214 by adding the U.S. Army Pacific Command (USARPAC), 1 year, 0 months, and 25 days.  

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings were "excellent" throughout his period of service.

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 Army Good Conduct Medal 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.

9.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service for this award includes service in the Republic of Korea from 1 October 1966 through 30 June 1974.

10.  Army Regulation 600-8-22 states that 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 was separated in the rank of SP4 with 2 years of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 
10 May 1966 through 9 May 1968.  He should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214 for the period ending 9 May 1968.

2.  He met the eligibility criteria for award of the Korea Defense Service Medal and the Armed Forces Expeditionary Medal.  These awards should be added to his DD Form 214.

3.  A DD Form 215, dated 30 October 1984, amended the above DD Form 
214 for the period ending 9 May 1968 by adding in item 22c the entry U.S. Army Pacific Command (USARPAC), 1 year, 0 months, and 25 days.  A copy of the document will be provided to the applicant for his records.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 10 May 1966 through 9 May 1968; 

	b.  amending item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 by adding the Army Good Conduct Medal (1st Award), the Korea Defense Service Medal, and the Armed Forces Expeditionary Medal; and

	c.  providing the applicant a copy of the DD Form 215 (Correction to DD Form 214), dated 30 October 1984.




      _______ _   _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)                                         AR20100015999



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ABCMR Record of Proceedings (cont)                                         AR20100015999



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