IN THE CASE OF:	  

		BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20110024923 


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) for the period ending 18 July 1966 to show:

* two foreign service tours in Korea and a foreign service tour in Germany
* award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine), Korea Defense Service Medal, and two awards of the Army Good Conduct Medal

2.  The applicant states his DD Form 214 does not include the requested tours or awards.  His DD Form 214 should be corrected since he qualifies for the awards.  He had a total of 8 years and 4 days of service.  Two of those years were spent in Korea and 2 years were spent in Germany.

3.  The applicant provides a letter from the National Personnel Records Center (NPRC), dated 1 October 2004.

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 (RA) on 15 July 1958.  He was awarded military occupational (MOS) specialty 95B (Military Police) and later he held MOS 111.00 (Light Weapons Infantryman).  He was assigned to various stateside and overseas assignments.  The highest rank/grade he attained while serving on active duty was staff sergeant/E-6.

3.  On 18 July 1960, he was honorably discharged from active duty for the purpose of immediate reenlistment.  The DD Form 214 he was issued for this period of service shows he completed 2 years and 4 days of net active service, 
2 years and 1 month of which was credited as foreign service.  However the location of his foreign service is not annotated on this DD Form 214 and no awards are listed.

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Korea from 11 December 1958 to 15 January 1960.

5.  His DA Form 20 shows he was authorized the following awards during his first period of service:

* Special Orders (SO) Number 126, issued by Headquarters, the Provost Marshal General School, Fort Gordon, GA, on 21 November 1958, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar
* SOs Number 174, issued by Headquarters, 1st Brigade, 8th Cavalry Regiment, Korea, on 26 August 1959, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine)

6.  On 19 July 1960, he reenlisted in the RA and served until he was honorably discharged on 18 July 1966.  His DD Form 214 for this period of service shows he completed 6 years of net active service.  It also shows he completed 2 years, 10 months, and 12 days of foreign service.  The location of that service is annotated as "Ger" (Germany).  Additionally, his DD Form 214 lists the following awards:  




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

7.  His DA Form 24 (Service Record) shows he is authorized the above awards which includes the Army Good Conduct Medal (1st Award) which was issued in General Orders (GOs) Number 12, by Headquarters, 2nd Brigade, 34th Infantry Regiment, Korea, on 27 July 1962

8.  His DA Form 20 also shows he was assigned to the following countries during his second period of service:

* Korea from 5 November 1960 to 5 October 1961
* Germany from 27 July 1964 to 7 July 1966

9.  Army Regulation 600-8-22 (Military Awards) 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 the 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.

11.  A review of the applicant's 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 second award of the Army Good Conduct Medal during the entire period that he served.  He also received "excellent" ratings for his conduct and efficiency.  

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Until the policy was changed in October 1979, DD Forms 214 were prepared upon discharge for immediate reenlistment.  The regulation states the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the overseas service was performed will be entered in item 24c (Foreign and/or Sea Service).

DISCUSSION AND CONCLUSIONS:

1.  The applicant served continuously through reenlistment from 15 July 1958 to 18 July 1966.  He was issued DD Forms 214 for service from:

* 15 July 1958 to 18 July 1960
* 19 July 1960 to 18 July 1966

2.  He served in Korea during his first enlistment, from 11 December 1958 to
15 January 1960, which is a qualifying period for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 ending on 18 July 1960 should be corrected to show this award.

3.  He also served in Korea from 5 November 1960 to 5 October 1961 and in Germany from 27 July 1964 to 7 July 1966; his DD Form 214 ending on 18 July 1966 appropriately shows he served in "Ger" (Germany) 2 years, 10 months, and 12 days.  It properly does not show that he served in Korea.  Army Regulation 635-5 provides that item 24c will only list the last overseas theater in which overseas service was performed.  

4.  He was awarded the Army Good Conduct Medal (1st Award) for the period 
15 July 1958 through 14 July 1961 and the medal is listed on his DD Form 214 ending on 18 July 1966.  However, his records do not contain any derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the Army Good Conduct 
Medal (2nd Award).  Additionally, he received "excellent" ratings for his conduct and efficiency his entire period of service, and there are no entries in his record to indicate his commander denied him this award.  Therefore, it appears he met the criteria for the Army Good Conduct Medal (2nd Award) for the period 15 July 1961 through 14 July 1964 and correction of his DD Form 214 ending on 18 July 1966 to show 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.  Adding to the DD Form 214 ending on 18 July 1960 the:

* Marksman Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine)

   b.  Adding in item 24c the entry "Korea."

   c.  Awarding him the Army Good Conduct Medal (2nd Award) for the period 
15 July 1961 through 14 July 1964.

   d.  Deleting the Army Good Conduct Medal (1st Award) from item 26 of the 
DD Form 214 ending on 18 July 1966.

   e.  Adding to the DD Form 214 ending on 18 July 1966:  

* The Good Conduct Medal (2nd Award) 
* 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 ending on 
18 July 1966 to show he served in 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)                                         AR20110024923



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ABCMR Record of Proceedings (cont)                                         AR20110024923



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