BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120006494
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 award of the Army Good Conduct Medal (AGCM), Korea Defense Service Medal (KDSM), and National Defense Service Medal (NDSM).
2. The applicant states he believes the awards in question were omitted from his DD Form 214 as a result of a clerical error.
3. The applicant provides his DD Form 214 and Reserve discharge orders in support of his request.
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 enlisted in the Regular Army on 24 September 1964. He was trained in and awarded military occupational specialty (MOS) 73C (Pay Records Specialist).
3. The applicant's record shows he was advanced to the rank/grade of specialist five (SP5)/E-5 on 30 June 1966 which is the highest rank/grade he held while serving on active duty.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 10 March 1965 through 9 April 1966. Item 38 (Record of Assignments) shows he served with Headquarters and Headquarters Battery, 4th Missile Battalion, 44th Artillery Regiment, in Korea performing duties in MOS 71J (formerly known as 73C). Item 38 also shows he received "excellent" conduct and efficiency ratings throughout his service. His record is void of any derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.
5. On 26 June 1967, the applicant was honorably released from active duty after completing 2 years, 9 months, and 3 days of active military service. The DD Form 214 he was issued at the time does not include the AGCM in the list of earned awards. It does include the NDSM.
6. Army Regulation 600-8-22 (Military Awards) governs the Army's award policy. Paragraph 2-20 contains guidance on the KDSM. It states the KDSM is authorized for 30 consecutive or 60 nonconsecutive days of service in Korea during the period between 28 July 1954 and a future date to be determined by the Secretary of Defense.
7. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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 and there must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to add the NDSM, KDSM, and AGCM to his DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings throughout his service with no record of any derogatory information or a unit commander's disqualification that would have precluded this award. As a result, it would be appropriate to award him the first award of the AGCM for the period 24 September 1964 through 26 June 1967 and to correct his DD Form 214 to show this award.
3. The evidence of record also confirms the applicant completed a qualifying period of service in Korea for award of the KDSM. Therefore, it would also be appropriate to add this award to his record and DD Form 214.
4. The NDSM is already recorded in the applicant's record and on his DD Form 214. As a result, no Board action is necessary for this award.
BOARD VOTE:
___x__ ___x_____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 awarding him the AGCM (1st Award) for his qualifying period of honorable active duty service from 24 September 1964 through 26 June 1967 and by adding the AGCM (1st Award) and KDSM to his DD Form 214.
__________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) AR20120006494
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