IN THE CASE OF:	  

		BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110019842 


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 add all awards due for his Korea service in 1961-1962.

2.  The applicant states he served with the 7th Infantry Division in Korea in 1961-1962 and would like all awards due added to his DD Form 214.

3.  The applicant provides his DD Form 214 and a photograph of the Korea Defense Service Medal (KDSM) in support of his application.

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 record shows the applicant was inducted into the Army of the United States on 25 November 1960 and was trained in and awarded military occupational specialty (MOS) 941.10 (Cook).  It further shows he was promoted to specialist four (SP4)/E-4 on 1 September 1962 and this is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 24 (Service Record) shows he served in Korea from 4 October 1961 through 26 October 1962.  Section 4 (Chronological Record of Military Service) shows that during his Korea tour of duty he was assigned to Company C, 1st Battalion, 31st Infantry Regiment, performing duties in MOS 111.10 (Infantry) as an automatic rifleman from 5 October 1961 through 16 February 1962 and to Company E, 2nd Battalion, 34th Infantry Regiment, performing duties in MOS 941.00 as a cook.  It also shows he received no less than "excellent" conduct and efficiency ratings in all of his active duty assignments.

4.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 shows the applicant earned the Expert Marksmanship Qualification Badge with Rifle and Bayonet Bars and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar during his active duty tenure.  The record is void of derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

5.  On 13 November 1962, the applicant was honorably released from active duty, in the rank of SP4/E-4 after completing 1 year, 11 months, and 19 days of active military service.  The DD Form 214 he was issued at the time lists the awards contained in section 9 of his DA Form 24.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-20 contains guidance on the KDSM.  It states it 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

7.  Army Regulation 600-65 (Service Medals), in effect at the time, stated 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, 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add awards based on his service in Korea has been carefully considered and found to have merit.

2.  The applicant's record confirms he served in Korea from 4 October 1961 through 26 October 1962.  As a result, he is eligible for the KDSM and this award should be added to his DD Form 214 at this time.

3.  The evidence of record also shows the applicant received "excellent" conduct and efficiency ratings in all of his active duty assignments.  In addition, his record is void of derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) for his qualifying honorable active duty service from 25 November 1960 through 13 November 1962 and to add this award 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 the evidence presented is 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 his qualifying honorable active duty service from 25 November 1960 through 13 November 1962 and



	b.  amending his DD Form 214 by adding the AGCM (1st Award) and KDSM.



      _______ _ __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)                                         AR20110019842



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ABCMR Record of Proceedings (cont)                                         AR20110019842



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