IN THE CASE OF:	  

		BOARD DATE:	  10 May 2012

		DOCKET NUMBER:  AR20110022886 


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 show award of the Armed Forces Expeditionary Medal and the Republic of Korea Presidential Unit Citation.

2.  The applicant states he served in Korea from October 1965 to February 1967 while assigned to the 7th Infantry Division and he qualified for these awards.

3.  The applicant provides his DD Form 214, a letter, and nine pages titled Korea Service Medals.

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's records show he was inducted into the Army of the United States on 11 May 1965 and he held military occupational specialty 984B (Cook).  He served in Korea as follows:

* 15 October 1965 - 30 August 1966, assigned to 4th Battalion, 76th Artillery Regiment, 7th Infantry Division
* 1 September 1966 - 11 February 1967, assigned to the 6th Battalion, 80th Artillery Regiment, 7th Infantry Division

3.  He was honorably released from active duty on 14 February 1967 in the rank/grade of specialist five (SP5)/E-5 and assigned to the U.S. Army Reserve.  He completed 1 year, 9 Months, and 4 days of creditable active service with no time lost.

4.  His DD Form 214 shows he was awarded the National Defense Service Medal.

5.  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.  Table 2-2 shows service in Korea during the period 1 October 1966 to 30 June 1974 was qualifying service for this award.

6.  Department of the Army General Order Number 50, dated 1971, awarded the 7th Infantry Division the Republic of Korea Presidential Unit Citation for the period 17 September 1950 through 27 March 1971.

7.  A review of his records indicates entitlement to additional awards.

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Item 41 (Awards and Decorations) of his DA Form 20 shows award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  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 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 evidence of record shows the applicant served in Korea during a qualifying period for award of the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.  

2.  General orders awarded his unit in Korea the Republic of Korea Presidential Unit Citation during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  He served honorably from 11 May 1965 through 14 February 1967.  He served in Korea and attained the rank of SP5.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

4.  His record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

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 amending his DD Form 214 as follows:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 May 1965 through 14 February 1967
* adding the:

* Armed Forces Expeditionary Medal
* Korea Defense Service Medal 
* Republic of Korea Presidential Unit Citation
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _   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)                                         AR20110022886





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ABCMR Record of Proceedings (cont)                                         AR20110022886



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