IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003994
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the service medals he earned for his tour of duty in Korea.
2. The applicant states his record is in error.
3. The applicant provides 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 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's records show he was inducted into the Army of the United States on 15 July 1964 and he held military occupational specialty 91D (Operating Room Specialist). He served in Korea from 28 May 1965 to 27 June 1966 while assigned to the 44th Surgical Hospital.
3. On 28 June 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 14 days of creditable active service with no time lost.
4. The DD Form 214 he was issued shows the National Defense Service Medal.
5. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. His record is void of any convictions by a court-martial or a commander's disqualification for the first award of the Army Good Conduct Medal.
6. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rife Bar (M-14).
7. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended 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.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence confirms the applicant served in Korea during a qualifying period for award of the Korea Defense Service Medal and he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-14), neither of which is shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 accordingly.
2. The available evidence shows he also served honorably from 15 July 1964 through 28 June 1966. He served in Korea and received all "excellent" conduct and efficiency ratings throughout his military service. His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (1st Award). Therefore it would be appropriate to award him the Army Good Conduct Medal (1st Award) and 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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 July 1964 through 28 June 1966; and
b. adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
_______ _ __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) AR20120003994
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120003994
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140020896
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 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. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award. As a result, the Board...
ARMY | BCMR | CY2011 | 20110024923
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. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct...
ARMY | BCMR | CY2014 | 20140006095
The Korea Defense Service Medal (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. There is no evidence of record and he failed to provide evidence showing the PUC was awarded to any of the units to which he was assigned. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2014 | 20140021057
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received the Republic of Vietnam (RVN) Campaign Medal (VCM) and any other awards he may have earned. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the: * Republic of Korea from 17 July 1964 to 28 July 1965 * RVN from 20 October 1966 through 9 February 1967 4. c. Adding to his DD Form 214 the: * AGCM (1st...
ARMY | BCMR | CY2013 | 20130002791
The applicant requests award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 December 1969 to show the: * Army Good Conduct Medal * Armed Forces Expeditionary Medal * Korea Defense Service Medal 2. The applicant's records do not show indiscipline or time lost, he received all "excellent" conduct and efficiency ratings throughout his military service, and he was promoted to SSG/E-6. ...
ARMY | BCMR | CY2011 | 20110020382
The applicant states, in effect, his DD Form 214 does not show he served in Korea or Vietnam and no medals are listed except the National Defense Service Medal. The Korea Defense Service Medal 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. Nevertheless, his service in Korea qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his...
ARMY | BCMR | CY2013 | 20130006342
However: * there is no derogatory information in his record that would have disqualified him from being recommended for or awarded the first award of the Army Good Conduct Medal * item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service 5. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 26 September 1966 through...
ARMY | BCMR | CY2013 | 20130007312
His DA Form 24 (Service Record) shows in: * Section 1 (Appointments, Promotions, or Reductions), he was promoted to sergeant (SGT)/E-5 effective 9 October 1965 * Section 2 (Chronological Record of Military Service) * where recorded, he received "excellent" conduct and efficiency ratings * on 16 September 1965, he was assigned to duty in Vietnam with Company A, 2nd Battalion, 12th Cavalry, 1st Cavalry Division * Section 5 (Service Outside Continental United States), he departed the United...
ARMY | BCMR | CY2011 | 20110002259
The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant. 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 (1st Award) for the period of service from 14 September 1961 to 12 September 1964. In addition, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2013 | 20130019304
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The evidence of record shows he served on active duty in Korea from 27 December 1962 to 15 July 1965, a period of over 1 year. 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 (1st Award)...