IN THE CASE OF:	  

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120004559 


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 award of the Army Commendation Medal, Army Good Conduct Medal, Military Outstanding Volunteer Service Medal, and a marksmanship qualification badge for the 3.5-inch rocket launcher.

2.  The applicant makes no additional statement.

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge), Installation Clearance Record, page 1 of his DA Form 20 (Enlisted Qualification Record), Suggestion Award Certificate, and letters of appreciation.

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's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant to conduct a fair and impartial review of this case.

3.  He provided a memorandum, dated 15 August 1963, commending the 13th Quartermaster Battalion (Direct Support) for its activities related to English language instruction.

4.  He received a letter of appreciation, dated 26 August 1963, for his assistance and devotion as an English language instructor at the Yong Dung Po Technical High School during the period 1-31 August 1963.  At this time the applicant held the rank/grade of private first class/E-3.

5.  He received a letter of appreciation, dated 17 October 1963, for his devotion as an English language instructor in the local community during the period 22 July-17 October 1963.  At this time the applicant held the rank/grade of specialist four/E-4.

6.  He received a letter of appreciation, dated 29 October 1963, for his efforts toward the betterment of Korean-American relations.

7.  His Installation Clearance Record, dated 5 November 1963, shows his conduct and efficiency were rated "excellent" and he was recommended for award of the Army Good Conduct Medal.

8.  His DA Form 20 shows he fired the 3.5-inch rocket launcher for familiarization on 13 September 1963 and qualified as Sharpshooter with the M-1 rifle in May 1964.

9.  His DD Form 214 shows:

	a.  he enlisted in the Regular Army on 27 February 1962;

	b.  he attained the rank/pay grade of specialist four/E-4,

	c.  he was honorably released from active duty on 31 December 1964, and

	d.  he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and a letter of appreciation.

10.  On 27 October 1966, the applicant received a Suggestion Award Certificate granting a cash award of $15.00 for his suggestion of an improved arrangement of equipment effecting considerable savings in time and motion.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  At that time, an enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

	c.  The Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components who, subsequent to 31 December 1992 (emphasis added), perform outstanding volunteer community service of a sustained, direct, and consequential nature.  To qualify for award of the Military Outstanding Volunteer Service Medal, a service member's volunteer service must meet the following requirements:  (1) be to the civilian community, to include the military family community, (2) be significant in nature and produce tangible results, (3) reflect favorably on the Military Service and the Department of Defense, and (4) be of a sustained and direct nature.

	d.  Marksmanship qualification badges are awarded to indicate the degree in which an individual, military or civilian, has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.
DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided no evidence that a formal recommendation was made and approved through his chain of command or announced in orders for award of the Army Commendation Medal.

2.  The applicant served honorably for almost 3 years and was recommended for award of the Army Good Conduct Medal in November 1963, approximately two-thirds of the way through his enlistment.  Combining this recommendation with his advancement to specialist four, in less than 2 years, his letters of appreciation, and no indication of any actions which would have prohibited award of the Army Good Conduct Medal, it is appropriate to award him the Army Good Conduct Medal (1st Award) for the period 27 February 1962 through 31 December 1964.

3.  The applicant provided copies of letters of appreciation for his assistance at a Korean High School.  While his efforts are commendable and worthy of note, the award of the Military Outstanding Volunteer Service Medal was not authorized prior to 31 December 1992.

4.  While the available record shows the applicant received familiarization training with the 3.5-inch rocket launcher, there is no indication he qualified for award of a marksmanship badge for this weapon system.

5.  Based on the facts and findings noted above the applicant's records should be corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 applicant the Army Good Conduct Medal (1st Award) for the period 27 February 1962 through 31 December 1964 and adding it to his DD Form 214.

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 award of Army Commendation Medal, Military Outstanding Volunteer Service Medal, and a marksmanship qualification badge for the 3.5-inch rocket launcher.



      ____________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)                                         AR20120004559



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ABCMR Record of Proceedings (cont)                                         AR20120004559



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