BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110024039
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 the following awards to be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):
* National Defense Service Medal (NDSM)
* Armed Forces Expeditionary Medal (AFEM)
* Marksmanship Badge (Rifle)
* Korea Defense Service Medal (KDSM)
2. The applicant states, in effect, he would like these awards to be reflected on his DD Form 214 prior to his death.
3. The applicant provides no supporting documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 16 April 1968. He completed basic and advanced individual training, and was awarded military occupational specialty (MOS) 76S (Automotive Repair Parts Specialist). The highest grade/rank he attained during this period of service was specialist four/E-4.
3. The applicant served in Korea with Battery B, 6th Battalion, 12th Artillery, 8th Army during the period 14 September 1968 to 12 November 1969, and was honorably released from active duty on 16 November 1969. The applicant's DD Form 214 shows he earned the following awards during his active duty tenure:
* NDSM
* AFEM
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
4. Paragraph 2-20 of Army Regulation 600-8-22 (Military Awards) contains guidance on the KDSM. It states it is authorized for 30 consecutive or 60 non consecutive days of service in Korea from 28 July 1954 to a future date to be determined.
5. A review of his service record indicates his entitlement to additional awards which are not reflected on his records and/or his DD Form 214.
6. A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal (AGCM). Furthermore, Section 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.
7. Army Regulation 600-8-22 states the AGCM 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 AGCM, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 to show the NDSM, AFEM, Marksmanship Badge (Rifle), and the KDSM was carefully considered and determined to have merit.
2. The applicant's DD Form 214 already shows award of the NDSM, AFEM, and the Expert Marksmanship Badge with Rifle Bar (M-14). Based on the foregoing, there is no error to correct regarding these awards.
3. The evidence of record confirms that based on his qualifying service in Korea, the applicant is eligible for the KDSM. Therefore, his DD Form 214 should be corrected to show this award.
4. The evidence of record confirms the applicant served honorably on active duty during the period 16 April 1968 through 16 November 1969. His record is void of any evidence that shows he had time lost or that he received nonjudicial punishment or court-martial action. There is also no evidence of a suspension of favorable personnel actions or a commander's disqualification for award of the AGCM. Lacking any derogatory information which would have precluded the applicant from being awarded the AGCM it would be appropriate to award him the AGCM (1st Award) for the period 16 April 1968 through 16 November 1969, and to correct his DD Form 214 to show this award.
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 16 April 1968 through 16 November 1969; and
b. adding the following awards to his DD Form 214:
* KDSM
* AGCM
___________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) AR20110024039
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110024039
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080011803
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that the Korea Defense Service Medal (KDSM) be added to his record and separation document (DD Form 214). The evidence of record confirms the applicant served in Korea from 15 September 1968 through 14 October 1969, and as result he is entitled to the KDSM, which should be added to his record and separation document at this time.
ARMY | BCMR | CY2009 | 20090011463
IN THE CASE OF: BOARD DATE: 26 January 2010 DOCKET NUMBER: AR20090011463 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. As a result, he should be awarded the AGCM for his qualifying period of honorable active duty service from 19 June 1967 through 2 March 1970, and it should be added to his record and DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal for his qualifying...
ARMY | BCMR | CY2013 | 20130020750
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 states the KDSM 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214: * AFEM * KDSM * Expert Marksmanship...
ARMY | BCMR | CY2011 | 20110015323
The applicant states he was separated with temporary records and the awards were not included on the DD Form 214; however, the National Personnel Records Center (NPRC) found his records. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 4 September 1967 through 31 May 1969. The evidence of record confirms that based on his qualifying service in Korea, the applicant is eligible for the AFEM and KDSM.
ARMY | BCMR | CY2012 | 20120012916
The applicant requests the following awards be added to his 2 July 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Expert Marksmanship Qualification Badge with (M-16 Rifle) Bar * Soldier of the Month Award * Cold War Ribbon * Korea Defense Service Medal (KDSM) * Republic of Vietnam Gallantry Cross (RVNGC), individual and unit * Meritorious Unit Commendation (MUC) with Oak Leaf Cluster (2nd Award) * Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster...
ARMY | BCMR | CY2015 | 20150004100
The applicant requests correction of his two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to: a. show award of the: * National Defense Service Medal (NDSM) * Korea Defense Service Medal (KDSM) * Armed Forces Expeditionary Medal (AFEM) for Korea * Basic Missilemans Badge b. remove the Korean Service Medal (KSM). The NDSM is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974. c. The AFEM is authorized for...
ARMY | BCMR | CY2007 | 20070015361
The applicant requests, in effect, that his 31 May 1971 separation document (DD Form 214) be corrected to show the inactive service he completed from 1 July through 25 August 1949 in Item 22a(2) (Other Service), and that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to reflect all awards listed on a National Personnel Records Center (NPRC) Letter he was issued. The evidence of record further confirms the applicant was...
ARMY | BCMR | CY2010 | 20100013930
He requests his record be corrected to show all awards to which he is entitled. The applicant's record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM). Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.
ARMY | BCMR | CY2011 | 20110022560
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 Korea Defense Service Medal (KDSM) and the Armed Forces Expeditionary Medal (AFEM). Evidence of record shows the applicant completed a qualifying period of service in Korea for the Korea Defense Service Medal. 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 | BCMR | CY2012 | 20120000550
The applicant provides in support of his request an Army Commendation Medal (ARCOM) citation and a list containing the following awards: * ARCOM * Overseas Service Ribbon (OSR) Commemorative * Army Achievement Medal (AAM) * American Defense Commemorative * Korean Service Medal (KSM) * Cold War Victory Medal Commemorative * Honorable Service Commemorative * U.S. Armed Forces Retired Service Commemorative * Armed Forces Expert Marksman Commemorative * Airborne and Assault Air Assault...