IN THE CASE OF:	

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120002127 


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:

* United Nations Medal (UNM)
* Korea Defense Service Medal (KDSM)
* Armed Forces Service Medal (AFSM) 
* National Defense Service Medal (NDSM)
* Army Service Ribbon (ASR)
* Overseas Service Ribbon (OSR)

2.  The applicant states item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 only shows the Expert Marksmanship Qualification Badge with Rifle Bars (M-1) and (M-14).  It should also show the UNM, KDSM, AFSM, NDSM, ASR, and OSR.  He believes these awards being left off his DD Form 214 was an oversight.  He served in Korea.

3.  The applicant provides three letters of appreciation and his 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 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 was inducted into the Army of the United States and entered active duty on 16 Sept0ember 1963.  He held military occupational specialty 05B (Radio Operator).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 6 October 1964 to 15 August 1965.

4.  There is no evidence in his record showing he served with the United Nations, participated in United Nations operations, or was presented the UNM by a representative of the Secretary-General of the United Nations.

5.  He was honorably released from active duty on 18 August 1965.  His 
DD Form 214 shows he completed 1 year, 11 months, and 3 days of net active service, 10 months and 12 days of which was credited as foreign service.  This form shows the Expert Marksmanship Qualification Badge with Rifle Bars (M-1) and (M-14).

6.  He provided three letters of appreciation as evidence in this case.  These letters, essentially, thank him for his hard work while assigned in Korea.

7.  Army Regulation 672-5-1 (Military Awards) states the UNM is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than six months with the United Nations with one of the following:

* United Nations Observation Group in Lebanon (UNOGIL)
* United Nations Truce Supervision Organization in Palestine (UNTSO)
* United Nations Military Observer Group in India and Pakistan (UNMOGIP)
* United Nations Security Forces, Hollandia (UNSFIT)

8.  Army Regulation 600-8-22 (Military Awards) states the KDSM 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 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 areas.  The period of eligibility is 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.  

9.  Army Regulation 600-8-22 states the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992, have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action or participated for 1 or more days in the operation within the designated area of eligibility or meet one or more of several criteria including being engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility.  

10.  Army Regulation 600-8-22 states the NDSM 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.  

11.  Army Regulation 600-8-22 states the ASR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

12.  Army Regulation 600-8-22 states the OSR was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the OSR.

13.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment (NJP), or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal (AGCM) during the period 16 September 1963 to 18 August 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 AGCM during this period of service.
14.  Army Regulation 672-5-1 states the AGCM 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Korea for a period of 10 months, a qualifying period for award of the KDSM.  Therefore, he is entitled to correction of his 
DD Form 214 to add the KDSM.   

2.  He served a qualifying period of time for award of the NDSM; therefore he is entitled to correction of his DD Form 214 to add the NDSM.  

3.  He served honorably during the period 16 September 1963 to 18 August 1965.  His records do not contain any derogatory information in the form of lost time, NJP, or suspension of favorable personnel actions that would disqualify him for the first award of the AGCM.  Additionally, there are no entries in his record to indicate that his commander denied him this award.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the AGCM (1st Award) and correction of his DD Form 214 to show this award.

4.  There is no evidence of record nor did he provide evidence to show he served with the United Nations, participated in United Nations operations, or was presented the UNM by a representative of the Secretary-General of the United Nations.  Therefore he is not entitled to award of the UNM.

5.  The AFSM, ASR, and OSR had not yet been established during the period of his service; therefore, he is not entitled to these awards.  


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:

* awarding the Army Good Conduct Medal (1st Award) for the period 
16 September 1963 to 18 August 1965
* adding to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal 
* National Defense Service Medal

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 the United Nations Medal, Armed Forces Service Medal, Army Service Ribbon, and Overseas Service Ribbon.  



      _______ _   _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)                                         AR20120002127



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ABCMR Record of Proceedings (cont)                                         AR20120002127



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