IN THE CASE OF:
BOARD DATE: 7 February 2013
DOCKET NUMBER: AR20120013028
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 block 24 (Decorations, Medals, Badges, Commendations, Citations, Campaign Ribbons Awarded or Authorized) of his
DD Form 214 (Report of Transfer or Discharge) to show service in Korea "Korea service ribbon."
2. The applicant states he was told that block 24 of his DD Form 214 had to show service in Korea before he could join the Veterans of Foreign Wars (VFW). Also, while stationed in Korea, he was told his uniform needed to have three ribbons to be correct, the National Defense Service Medal plus two others.
3. The applicant provides no supporting documents.
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 was inducted and entered active duty on 27 July 1965. He completed training including advanced individual training as a Pioneer in military occupational specialty (MOS) 12A.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) Korea 2 May 1966 to 1 June 1967;
b. item 33 (Appointments and Reductions Permanent promotion to pay grade E-5 on 22 May 1967;
c. item 38 (Record of Assignments) Service in Korea with Headquarters and Headquarters Company, 7th Infantry Division from 6 May 1966 to 31 May 1967 and exclusively "excellent" conduct and efficiency ratings throughout his period of active duty service; and
d. item 35 (Awards and Decorations) The Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the National Defense Service Medal.
4. On 1 June 1972, the applicant was separated with an honorable characterization of service and was transferred to the U.S. Army Reserve to complete his military obligation.
5. His DD Form 214 lists his authorized awards as the National Defense Service Medal.
6. Army Regulation 600-8-22 (Military Awards) states:
a. the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954:
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.
c. 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 to friendly foreign nations. The designated period of eligibility for service in Korea is 1 October 1966 to
30 June 1974.
7. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his DD Form 214 to show he served in Korea.
2. Eligibility for the Korean Service Medal ended in 1954. However, the applicant served in Korea from May 1966 to May 1967. Therefore, he is authorized the Korea Defense Service Medal.
3. He also served in Korea during a period of eligibility for award of the Armed Forces Expeditionary Medal.
4. He qualified as a sharpshooter with the M-14 Rifle.
5. His exclusively "excellent" conduct and efficiency ratings together with his progress to pay grade E-5 and the absence of any indication that he was disqualified for the award warrant the award of the Army Good Conduct Medal for his period of active duty service.
6. The above awards should be shown his DD Form 214.
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 the period 27 July 1965 to 1 June 1967 and
b. adding to the awards already shown on his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Armed Forces Expeditionary 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) AR20120013028
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ABCMR Record of Proceedings (cont) AR20120013028
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