IN THE CASE OF:  

		BOARD DATE:  13 December 2012

		DOCKET NUMBER:  AR20120011155 


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 Good Conduct Medal, Korea Defense Service Medal, and the Armed Forces Expeditionary Medal (Korea).

2.  The applicant states he believes his:

	a.  honorable discharge qualifies him for the Army Good Conduct Medal.

	b.  assignment to the Eighth Army U.S. Army Support Group, Joint Security Area (JSA), at the Demilitarized Zone (DMZ) in Korea for 13 months qualifies him for the Korea Defense Service Medal.

	c.  5-month extension in the DMZ qualifies him for the Armed Forces Expeditionary Medal (Korea).

3.  The applicant provides a copy of his DD Form 214 and extracts showing the eligibility criteria for the Army Good Conduct Medal, Korea Defense Service Medal, and the Armed Forces Expeditionary Medal for Korea.

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 on 22 March 1965.  He completed training and he was awarded military occupational specialty 95B (Military Policeman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Korea from 10 August 1965 through 19 February 1967;

	b.  item 38 (Record of Assignments) he was assigned to Headquarters and Service Company, U.S. Army Support Group, JSA (Korea) from 12 August 1965 through 18 February 1967;

	c.  item 38 he received all "excellent" conduct and efficiency ratings throughout his service; and

	d.  item 41 (Awards and Decorations) he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)

4.  There is no record of any courts-martial or any other type of adverse action in his available records.  There is also no record of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.

5.  He was honorably released from active duty (REFRAD) as an overseas returnee on 21 February 1967 in the rank/grade of specialist four (SP4)/E-4.  He completed 1 year and 11 months of total active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal.


6.  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; 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.  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.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes service in Korea from 1 October 1966 to 30 June 1974.

	b.  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.  Records show the applicant distinguished himself in the performance of his military service as evidenced by his exclusively "excellent" conduct and efficiency ratings, promotion to SP4/E-4, and honorable REFRAD.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal for the period 22 March 1965 through 21 February 1967 and to correct his DD Form 214 to show this award.

2.  He served a qualifying period of service for award of the Armed Forces Expeditionary Medal (Korea) and the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  His DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.


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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
22 March 1965 through 21 February 1967; and

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal (Korea)
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)



      ____________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)                                         AR20110006177



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ABCMR Record of Proceedings (cont)                                         AR20120011155



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