BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110008142 


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 the following awards:

* Army Good Conduct Medal
* Korea Defense Service Medal
* Combat Infantryman Badge (Korea Demilitarized (DMZ))
* Marksman Marksmanship Qualification Badge with Machine Gun and Automatic Rifle Bars
* overseas service bars

2.  The applicant states these awards were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides:

* his DD Form 214
* three pages showing the qualifications for the Combat Infantryman Badge (Korea DMZ), the Army Good Conduct Medal, and the Korea Defense Service Medal

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 award of the Combat Infantryman Badge based on his service on the DMZ in Korea.  Army Regulation 600-8-22 (Military Awards) states Army veterans and service members who served in Korea on or after 
28 July 1953 and meet the criteria for award of the Combat Infantryman Badge may submit an application (to include supporting documentation) for award of the badge to the Commander, U.S. Army Human Resources Command (HRC), ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. There is no evidence the applicant has applied to HRC, indicating he has not exhausted his administrative remedy on this issue.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  He was inducted into the Army of the United States on 28 November 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  He was assigned to Company B, 1st Battalion, 38th Infantry in the Republic of Korea from 4 November 1968 to 19 November 1969.  He was promoted to staff sergeant/pay grade E-6 on 14 August 1969.

5.  Item 29 (Qualification in Arms) shows he attained the following qualifications:

* First Class Gunner (now known as Sharpshooter) - M-60 machine gun
* First Class Gunner - M-16 automatic rifle

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

7.  He was released from active duty on 20 November 1969.  He completed
1 year, 11 months, and 23 days of active service that was characterized as honorable.   Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* Armed Forces Expeditionary Medal (Korea)
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.  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.  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.

10.  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.  It states 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.

DISCUSSION AND CONCLUSIONS:

1.  His records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to staff sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 28 November 1967 to 20 November 1969 ending with termination of a period of Federal military service.

2.  Based on his service in the Republic of Korea he is authorized the Korea Defense Service Medal.

3.  In view of his weapons qualifications it is appropriate to add the Sharpshooter Marksmanship Qualification Badge with Machine Gun and Automatic Rifle Bars to his DD Form 214.

4.  The overseas service bar is an item of uniform wear based on specific time frames and areas of operation.  The overseas service bar is not an award or decoration.  Therefore, there is no provision for entering overseas service bars on the DD Form 214.

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 Army Good Conduct Medal for his period of service from 28 November 1967 to 20 November 1969; and

	b.  amending item 24 of his DD Form 214 to include the:

* Army Good Conduct Medal
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Machine Gun 	and Automatic Rifle Bars


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 overseas service bars.  



      _______ _   _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)                                         AR20110008142



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ABCMR Record of Proceedings (cont)                                         AR20110008142



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