IN THE CASE OF:  

		BOARD DATE: 24 May 2012

		DOCKET NUMBER:  AR20110023840 


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 (Certificate of Release or Discharge from Active Duty) to show he was awarded the:

* Army Achievement Medal (2 Awards)
* Army Good Conduct Medal
* Presidential Unit Citation (Army)
* Meritorious Unit Citation
* Korean Presidential Unit Citation
* French Fourragere
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16A1)

2.  The applicant states he received a letter showing a list of medals he is authorized, but the above awards are missing. 

3.  The applicant provides a copy of 29 September 2011 letter from the National Personnel Records Center.

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 enlisted in the Regular Army on 5 May 1982 and held military occupational specialty 12B (Combat Engineer).  

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  Item 5 (Oversea Service) in Korea from 30 August 1982 thorough 
26 August 1983; 

	b.  item 9 (Awards, Decorations, and Campaigns) the Army Service Ribbon, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Grenade and Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16A1); and 

	c.  Item 35 (Record of Assignments) that he was assigned to: Company A, 2d Engineer Battalion, 2d Infantry Division (Korea), from 2 September 1982 through 25 August 1983.

4.  He was honorably released from active duty on 3 May 1985 in the rank of specialist four/E-4.  He had completed 2 years, 11 months, and 28 days of net active service for the period.  His DD Form 214 shows in:

	a.  Item 12f (Foreign Service), he completed 1 year and 17 days of foreign service in USARPAC (U.S. Army Pacific).

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon, Overseas Service Ribbon, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Grenade Bar.

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

	a.  Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  
	b.  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 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.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows during the Korean War, the 2d Infantry Division and its subordinate units were cited for participation in several campaigns and awarded several Distinguished Unit Citations.

7.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.   An individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his honorable release from active duty and advancement to specialist four.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

2.  The evidence of record shows the applicant served in Korea from 
30 August 1982 through 26 August 1983.  This service in Korea qualifies him for award of the Korea Defense Service Medal.

3.  His DD Form 214 should be corrected to show these awards.

4.  His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16A1).  There is no reason to discuss this item further.

5.  There is no available evidence showing he was awarded two awards of the Army Achievement Medal or that his service qualifies him for the Presidential Unit Citation (Army), Meritorious Unit Commendation, Korean Presidential Unit Citation, or the French Fourragere.  These awards should not be added to this DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period 
5 May 1982 to 3 May 1985; and

	b.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award) and the Korea Defense Service Medal.

2.  The Board further determined 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 correcting his DD Form 214 to show he was awarded two awards of the Army Achievement Medal, Presidential Unit Citation (Army), Meritorious Unit Commendation, Korean Presidential Unit Citation, or the French Fourragere.  




      _______ _  __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)                                         AR20110020167



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ABCMR Record of Proceedings (cont)                                         AR20110023840



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