IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110010624 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Army Good Conduct Medal (AGCM) and the National Defense Service Medal (NDSM). Additionally, he requests recognition for his service in Korea and Germany.

2.  He states he had an accident in June 1963 damaging a vehicle and sustaining multiple injuries.  He adds he was demoted for the incident, but not taken to the hospital for examination.  He offers that he is now experiencing pain from the injuries and wants to establish benefits with the Department of Veterans Affairs (VA).

3.  He provides the following:

* DD Form 214
* DA Form 24 (Service Record)
* DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)
* Transmittal of Correspondence, dated 7 December 1964

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 Board has no jurisdiction in establishing claims for VA benefits.  Therefore, the applicant's statement concerning his injuries that occurred in an accident in June 1963 will not be discussed any further in the Record of Proceedings.

3.  The applicant's record shows he enlisted in the Regular Army on 28 March 1962.  He was credited with 2 years, 11 months, and 19 days of active service and was honorably released from active duty in the grade/rank of specialist 
SP4/E-4 (temporary) on 16 March 1965.

4.  On 5 June 1963, he accepted nonjudicial punishment under the provisions of Article 15, UCMJ for being absent without leave from his unit from 4 June to
5 June 1963. 

5.  His DA Form 24 shows in:

	a.  Section 1 (Appointments, Promotion, or Reduction) on 5 July 1963, he was reduced from private first class (PFC)/E-3 to private (PVT)/E-2.  The reason cited was listed as Article 15.

	b.  Section 4 (Chronological Record of Military Service) he received all "excellent" conduct and efficiency ratings throughout his period of service.

   c.  Section 5 (Service Outside Continental United States) he served in Korea from 13 September 1962 to 26 September 1963 and Germany from 
16 December 1963 to 6 March 1965.

	d.  Section 9 (Medals, Decoration, and Citations) his only award or decoration was the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  There is no record of any courts-martial or any other type of adverse action in his available records.  There is also no record of a commander's disqualification for the AGCM.
7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

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 AGCM 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  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 (Military Awards) provides that the NDSM is awarded for honorable active service for any period 1 January 1961 and 14 August 1974, inclusive.

10.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  Although it appears the applicant received punishment under Article 15 on two occasions, the evidence of record shows he achieved the temporary rank of SP4 and received all "excellent" conduct and efficiency ratings.  Absent a formal disqualification it is concluded that his honorable active duty service qualified him for the AGCM (1st Award).  Therefore, in the interest of equity, it would be appropriate to award him the AGCM for the period 28 March 1962 to 16 March 1965. 

2.  The evidence of record shows he met the qualifications for award of the NDSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record also shows he served in Korea from 13 September 1962 to 26 September 1963.  Therefore, he is entitled to the KDSM and correction of his DD Form 214 to show this award.

4.  There is no award available for his service in Germany.  Therefore, in the absence of documentation and a specific award request, there is an insufficient basis to approve his request.

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 28 March 1962 to 
16 March 1965; and 

	b.  adding to item 26 of his DD Form 214 the AGCM (1st Award), NDSM, and 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 recognizing his service in Germany.  



      _______ _   __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)                                         AR20110010624



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ABCMR Record of Proceedings (cont)                                         AR20110010624



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