IN THE CASE OF:	  

		BOARD DATE:  12 June 2012

		DOCKET NUMBER:  AR20110024135 


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 the National Defense Service Medal and Army of Occupation Medal (Korea).

2.  The applicant states he went to see a Veterans Service Officer for benefits and it was pointed out that his DD Form 214 shows he had overseas service but does not show he was in Korea.

3.  The applicant provides his evidence through counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant's request be reviewed.

2.  Counsel does not make a statement.

3.  Counsel provides:

* Letter from the New Jersey Department of Military and Veterans Affairs (VA), dated 1 December 2011
* VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), dated 1 December 2011
* DD Form 214


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 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 12 July 1962 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 24 (Service Record) shows he was assigned to:

* Korea from 2 January to 25 December 1963
* McChord Air Force Base, Oakland, CA from 9 January 1964 to 
24 January 1965
* Fort Wainwright, AK on 24 January 1965 

4.  His DD Form 24 also shows: 

* Special Orders (SOs) Number 120, issued by Headquarters, 2nd Training Regiment, U.S. Army Training Command, Fort Gordon, dated 30 August 1962, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* SOs number 274, issued by Headquarters, 4th Infantry Division, Fort Lewis, dated 2 November 1964, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  He was honorably released from active duty on 9 July 1965.  His DD Form 214 shows he was credited with 2 years, 11 months, and 28 days of net active service, of which 2 years, 2 months, and 10 days were credited as foreign service.  His DD Form 214 does not list any awards.

6.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 12 July 1962 to 9 July 1965.  He received “excellent” ratings for his conduct and efficiency.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.  

7.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

8.  Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location between 3 September 1945 and 29 June 1949, inclusive, for the Army of Occupation of Korea.

9.  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 have 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.

10.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows his service met the time requirements for award of the National Defense Service Medal.  Therefore, he is entitled to have his 
DD Form 214 corrected to show this award.

2.  The applicant's record shows his service met the time requirements for award of the Korea Defense Service Medal.  Therefore, he is entitled to have his 
DD Form 214 corrected to show this award.

3.  SOs awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

4.  The evidence of record confirms he served honorably on active duty during the period 12 July 1962 through 9 July 1965.  His record is void any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  His record shows he consistently received "excellent" conduct and efficiency ratings.

	a.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal during his period of service.  

	b.  Absent any derogatory information on file that would have disqualified him for award of the Army Good Conduct Medal it would be appropriate to award him this medal for the period 12 July 1962 through 9 July 1965 and add it to his 
DD Form 214.

5.  The applicant's service must have occurred between 3 September 1945 and 29 June 1949 for award of the Army of Occupation Medal (Korea).  His period of service did not fall within this timeframe; therefore, he is not entitled to this medal.

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 him the Army Good Conduct Medal (1st Award) for the period 
12 July 1962 through 9 July 1965; and 

   b.  adding to item 26 (Decorations Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal 
* Korea Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 Army of Occupation Medal (Korea).  




      __________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)                                         AR20110024135



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ABCMR Record of Proceedings (cont)                                         AR20110024135



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