IN THE CASE OF:	  

		BOARD DATE:  8 March 2012

		DOCKET NUMBER:  AR20110017848 


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 award of the Army Good Conduct Medal (AGCM).  He also requests to add the Parachutist Badge to his DD Form 214 (Report of Separation from the Armed Forces of the United States). 

2.  He states he was favorably considered for the AGCM, but he was never issued the award. 

3.  He provides:

* A DA Form 24 (Service Record)
* His DD Form 214
* A course completion certificate

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.  His records show he enlisted in the Regular Army on 19 May 1950.  After completion of training, he was awarded military occupational specialty 1745 (Light Weapons Infantryman).

3.  A certificate from the Infantry School, Fort Benning, GA shows he qualified as a Parachutist by successfully completing the Basic Airborne Course on 2 March 1951.

4.  His DA Form 24 shows the following:

   a.  Section 6 (Original Assignment and Organizations to which Subsequently Assigned During this Period of Service) – While serving in Korea, he was assigned with Company A, 15th Infantry Regiment, 3rd Infantry Division from 
1 November 1951 to 13 June 1952. 
   
   b.  Section 9 (Remarks – Administrative) – Discharge 18 May 1953, Character excellent, efficiency excellent, considered favorably for Good Conduct Medal. 
   
   c.  Section 24 (Indorsements) – He received ratings of “excellent” in character and efficiency throughout his military career.  This section also shows he was favorably considered for the AGCM during three separate periods. 

5.  On 18 May 1953, he was honorably discharged after completing 3 years of total active service.  Item 27 of his DD Form 214 shows he was awarded:

* United Nations Service Medal 
* Army of Occupation Medal with Japan clasp
* Combat Infantryman Badge
* Korean Service Medal with 3 bronze service stars

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows during the applicant’s assignment with Company A, 1st Battalion, 15th Infantry Regiment, his unit was awarded the Republic of Korea Presidential Unit Citation (ROKPUC) by Department of the Army General Order Number 41-55 and the Bravery Gold Medal of Greece by Department of the Army General Order Number 2-56.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.  

   b.  The Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The Soldier must have been on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days.

	c.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School.

8.  Army Regulation 600-65 (Service Medals), in effect at the time, stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, 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 and there must have been no convictions by court-martial.

DISCUSSION AND CONCLUSIONS:

1.  He was favorably considered for award of the AGCM and received all “excellent” ratings in conduct and efficiency throughout his military career.  As such, it would be appropriate to award him the AGCM (1st Award) for the period 19 May 1950 through 18 May 1953 and to add this award to his DD Form 214. 

2.  The applicant completed the Basic Airborne Course and as a result, he is entitled to addition of the Parachutist Badge to his DD Form 214. 

3.  His honorable active service between 27 July 1950 and 27 July 1954 entitles him to addition of the NDSM to his DD Form 214. 

4.  His service in Korea from 1 November 1951 through 13 June 1952 entitles him to award of the ROKWSM and to add this award to his DD Form 214. 

5.  General orders awarded his unit the ROKPUC and Bravery Gold Medal of Greece during his period of service in Korea.  As a result, he is entitled to add these foreign unit awards to his DD Form 214. 

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 AGCM (1st Award) for the period 19 May 1950 through 18 May 1953; and 

   b.  adding the following awards to item 27 of his DD Form 214:

* AGCM (1st Award)
* Parachutist Badge
* NDSM
* ROKWSM
* ROKPUC
* Bravery Gold Medal of Greece




      ___________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)                                         AR20110017848





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ABCMR Record of Proceedings (cont)                                         AR20110017848



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