IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110023052 


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 that her DD Form 214 (Report of Separation from Active Duty) be changed to show that she served as a member of the Women's Army Corps (WAC), her subsequent service in the U.S. Army Reserve (USAR), a Cold War Certificate of Recognition from the Secretary of Defense, and any other authorized awards.

2.  The applicant states she was a WAC, and a Korean War veteran.

3.  The applicant provides copies of her 1 April 1977 DD Form 214; a DD Form 256A (Honorable Discharge Certificate) from the USAR, dated 27 April 1978; and a DD Form 2774 (Certificate of Recognition).

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 enlisted in the Regular Army on 3 April 1974 for training as a military police (MP).

3.  She completed training in military occupational specialty (MOS) 95B, MP.  Following a tour of duty at Fort Leavenworth, KS she served in Korea from 4 December 1975 to 23 November 1976 with the 2nd MP Company, 2nd Infantry Division.  There is no derogatory information in her records.

4.  She was separated as a specialist four (pay grade E-4) on 1 April 1977 with an honorable characterization of service and transferred to the USAR.  She had completed 2 years, 11 months, and 29 days of active duty service.

5.  Her DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214 ) lists her awards as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Pistol Bar, and K.

6.  Item 6 (Department, Component and Branch or Class) of her DD Form 214 shows “ARMY RA.”

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  

8.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

   b.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  The qualifying period for Korea is 1 October 1966 through 30 June 1974.


   c.  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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

9.  The historical website, //www.history.army.mil/brochures/WAC/WAC.HTM, states the WAC organization existed as a separate branch,"…until 1978, when its existence as a separate corps was abolished and women were fully assimilated…" 

10.  Army Regulation 635–5 (Separation Documents) provides the instructions for completing the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It does not authorize the listing of certificates of appreciation or achievement nor is there any provision for listing service periods.  For item 6, it stated career branch will be entered for commissioned officers; control branch will be entered for warrant officers; and no branch entry is required for enlisted personnel.

DISCUSSION AND CONCLUSIONS:

1.  The applicant may have been a WAC and/or MP.  However, a branch entry on the DD Form 214 was not applicable to enlisted Soldiers.  Therefore, there is no error on her DD Form 214 in not listing a branch.

2.  The Korean War ended in 1954, eligibility for the Armed Forces Expeditionary Medal ended in June 1974.  Both of these end dates are before she reached Korea on 4 December 1975.  She was eligible for the Korea Defense Service Medal; but her DD Form 214 has already been corrected to add this award.  A copy of the DD Form 215 will be provided to her.

3.  Considering the applicant's offense-free record and the absence of any disqualification for the Army Good Conduct Medal, it should be awarded.

4.  There is no regulatory provision for adding any subsequent service periods to a DD Form 214, and the listing of a certificate is not authorized.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

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 her the Army Good Conduct Medal (1st Award) for the period     3 April 1974 to 1 April 1977; and 

   b.  adding to the awards already shown on her DD Form 214 the Army Good Conduct Medal (1st Award).

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 adding her branch, USAR service subsequent to her release from active duty, the Cold War Certificate of Recognition to her DD Form 214, or any other awards.  




      __________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)                                         AR20110023052





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ABCMR Record of Proceedings (cont)                                         AR20110023052



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