IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120004729
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 award of the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), and the Korea Defense Service Medal (KDSM).
2. The applicant states he cannot find the orders for his ARCOM.
3. The applicant provides copies of:
* DD Form 214
* DA Form 2349 (Military Pay Voucher) for the month of June 1971
* 2nd Infantry Division Motor Vehicle Operator's Identification Card
* Fort Sill (FS) Form 97-R (Certificate of Proficiency) for the period
18-22 May 1970
* General Orders Number 232, Fort Lewis, Washington, dated 2 November 1971
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 19 January 1970, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 13B (Field Artillery Crewman).
3. On 19 June 1970, the applicant was assigned for duty as a cannoneer with Battery B, 1st Battalion, 15th Artillery Regiment, located in the Republic of Korea (ROK). He served with this unit in the ROK until 12 July 1971, when he returned to the United States.
4. On 11 August 1971, the applicant was assigned for duty as a gunner with the Howitzer Battery, 3rd Squadron, 3rd Armored Cavalry Regiment, located at Fort Lewis, Washington.
5. General Orders Number 232, Fort Lewis, Washington, dated 2 November 1971, awarded the applicant the Army Good Conduct Medal for the period
19 January 1970 to 19 November 1971.
6. On 20 November 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of sergeant, pay grade E-5 and he had completed 1 year,
10 months, and 2 days of creditable active duty service.
7. The applicant's DD Form 214 lists his decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized as:
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
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. The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show award of the ARCOM, AGCM and the KDSM.
2. Records show the applicant served in the ROK during a qualifying period for award of the KDSM. Therefore, his records should be corrected to show this award.
3. General orders were published awarding the AGCM to the applicant. Therefore, this medal should be listed on his DD Form 214.
4. The applicant contends that he was awarded the ARCOM. However, there are no available orders in his records and he has not provided any such orders to support his contention. Therefore, this portion of his request should be denied.
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 amending his DD Form 214 to add award of the Army Good Conduct Medal and the 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 award of the Army Commendation Medal.
____________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) AR20120004729
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120004729
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120002273
Application for correction of military records (with supporting documents provided, if any). The evidence of record clearly shows that the applicant was awarded the ARCOM for meritorious service as an air defense artillery officer in the ROK. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214: * Army Commendation Medal * Korea Defense Service Medal * Sharpshooter Marksmanship...
ARMY | BCMR | CY2007 | 20070015361
The applicant requests, in effect, that his 31 May 1971 separation document (DD Form 214) be corrected to show the inactive service he completed from 1 July through 25 August 1949 in Item 22a(2) (Other Service), and that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to reflect all awards listed on a National Personnel Records Center (NPRC) Letter he was issued. The evidence of record further confirms the applicant was...
ARMY | BCMR | CY2012 | 20120021421
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Iraq Campaign Medal (ICM) and Korea Defense Service Medal (KDSM). The evidence of record shows the applicant qualified for award of the ICM for his service in support of the GWOT in Kuwait and Iraq from 22 March through 5 August 2003. a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2014 | 20140012501
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his service in Korea * the "Imjin Scout Medal" * his expiration term of service occurred at Fort Lewis, WA 2. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (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...
ARMY | BCMR | CY2014 | 20140014964
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his assignment to Camp Casey, Republic of Korea (ROK). The applicant's DA Form 20, as filed in his records, shows: a. he departed Fort Sill, Oklahoma on 26 August 1970 for duty in the ROK; b. he arrived in the ROK on or about 28 September 1970; c. on 2 October 1970, he was assigned to Battery C, 2nd Battalion, 76th Artillery Regiment located at Camp...
ARMY | BCMR | CY2013 | 20130002123
For item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. c. For item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." The evidence of record shows the applicant qualified for award of the KDSM based on his active service in support of the defense of the ROK....
ARMY | BCMR | CY2014 | 20140021596
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. Therefore, his records should be corrected to show this medal. 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 the period 22 January 1970 to 19 January 1973;...
ARMY | BCMR | CY2014 | 20140008672
Application for correction of military records (with supporting documents provided, if any). (2) Table 2-2 (AFEM - Designated U.S. Military Operations) shows the AFEM was authorized for service in Korea from 1 October 1966 to 30 June 1974. d. The Korea Defense Service Medal (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 ROK. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2010 | 20100018211
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM), and her second award of the Army Commendation Medal (ARCOM). Permanent Orders Number 021-5, Headquarters, Eighth Personnel Command, dated 24 January 2000, awarded her the ARCOM (1st Oak Leaf Cluster) for meritorious service for the period from 22 November 1998 to 13 March 2000, while serving in the ROK. The evidence of record...
ARMY | BCMR | CY2011 | 20110013371
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Army Commendation Medal (ARCOM) (2nd Award). The applicant states: a. all of his awards were not listed on his DD Form 214; and b. his commander was going to initiate a request for the Meritorious Service Medal after Desert Storm. An undated DA Form 638-1 shows the applicant's commander recommended him for the MSM for meritorious service during the period 17 December 1988 to...