BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000864
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 military records to show award of the Army Good Conduct Medal (AGCM) and the Korea Defense Service Medal (KDSM).
2. The applicant makes no statement.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and information sheets concerning the AGCM and the mission of the Eighth United States Army in the Republic of Korea (ROK).
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. On 29 January 1963, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 714.10 (Postal Clerk).
3. Special Orders Number 54, Fort Dix, New Jersey, dated 13 March 1963, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar.
4. Special Orders Number 262, Fort Dix, New Jersey, dated 3 December 1964, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.
5. DA Form 24 (Service Record) shows in:
a. Section 2 (Chronological Record of Military Service) that his conduct and efficiency were excellent except for a period of about 2 months during his service school training, when his efficiency was reported as academic good; and
b. Section 5 (Service Outside Continental United States) that he served in the ROK from 15 July 1963 until 15 July 1964.
6. On 17 June 1965, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the permanent rank of specialist four, pay grade E-4; and had completed 2 years,
4 months, and 19 days of creditable active duty service.
7. The applicant's DD Form 214, as previously corrected by DD Form 215 (Correction to DD Form 214), indicates only the authorization for the National Defense Service Medal.
8. Army Regulation 600-8-22 (Military Awards) provides for award of the KDSM. The KDSM was authorized by Section 543, National Defense Authorization Act, 2003. It 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.
9. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified 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. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. Service school efficiency ratings based upon academic proficiency of at least good rendered subsequent to 22 November 1955 are not disqualifying.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected by awarding him the AGCM and by authorizing him the KDSM.
2. The applicants records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist, pay grade E-4, and achieving qualifying "excellent" conduct and efficiency ratings except for one academic good rating. Therefore, it is presumed that his not receiving an AGCM for his service was an oversight. Accordingly, he should be awarded this medal.
3. Records show that the applicant served during a qualifying period for award of the KDSM. Therefore, his records should be corrected to show this award.
4. Special orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar. Therefore, his records should be corrected to show this badge.
5. Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar. Therefore, his records should be corrected to show this badge.
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 Army Good Conduct Medal for the period from 29 January 1963 to 17 June 1965; and
b. showing, in addition to the National Defense Service Medal, that his awards include:
* Army Good Conduct Medal
* Korea Defense Service Medal
* Expert Marksman Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
_________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) AR20120000864
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