IN THE CASE OF:	

		BOARD DATE:  31 January 2013

		DOCKET NUMBER:  AR20120013126


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 Good Conduct Medal (AGCM) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award and the Army combat patch, otherwise known as the Shoulder Sleeve Insignia – Former Wartime Service (SSI-FWTS).

2.  The applicant states the omission of the AGCM from his DD Form 214 resulted from a clerical error.  He believes he deserves the SS-FWTS, because he served 5 months in a combat and hostile fire zone in the Republic of Korea, from 1970 to 1971.  He states he stayed at Camp Casey until he angered the mess sergeant and he was transferred to Yama Mountain, where he lived in a bunker with 12 other men.  

3.  The applicant provides his DD Form 214.

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.  On 21 May 1970, the applicant was inducted into the Army of the United States.  He completed initial entry training and he was awarded military occupational specialty 94B (Cook).  The highest rank/grade he attained during his period of active military service was specialist four/E-4.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea from on or about 20 November 1970 to on or about 24 December 1971.

4.  On 24 December 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he completed 1 year, 8 months, and 2 days of total active service, including        1 year, 1 month, and 5 days of foreign service in the U.S. Army Pacific (USARPAC) Theater of operations.  His DD Form 214 does not show he was awarded the AGCM.

5.  There is no documentation in his available record that shows he was awarded the AGCM.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice.

6.  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 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.

7.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) was authorized by section 543 of the National Defense Authorization Act of 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.   

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service, and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service.  Furthermore, there is no evidence of a commander's disqualification statement pertaining to his first award of the AGCM; therefore, it would be appropriate to award him the AGCM (1st Award), for the period 21 May 1970 to 24 December 1971, and to correct his DD Form 214 to show this award.

2.  The applicant served during a qualifying period of service in the Republic of Korea for entitlement to the KDSM.  Therefore, his DD Form 214 should be corrected to show this award.

3.  With respect to the combat patch, Army Regulation 670-1 governs the requirements for award of the SSI-FWTS.  The SSI-FWTS is considered an item of clothing and is not annotated on the DD Form 214.

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 him the AGCM (1st Award) for the period 21 May 1970 to         24 December 1971
* amending item 24 of his DD Form 214 to add the AGCM (1st Award) and the KDSM

2.  The Board further determined that 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 the combat patch.



      _______ _  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)                                         AR20090018975



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ABCMR Record of Proceedings (cont)                                         AR20120013126



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