IN THE CASE OF:
BOARD DATE: 25 April 2013
DOCKET NUMBER: AR20120017304
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 all of his awards.
2. The applicant states his DD Form 214 only shows his marksmanship badges.
3. The applicant provides a copy of 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 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 14 July 1960, the applicant enlisted in the Regular Army for a period of
3 years. He completed his initial training and he was awarded military occupational specialty 053.10 (Radio Teletype Operator).
3. On 24 June 1962, the applicant departed the United States for duty in the Republic of Korea (ROK).
a. On 22 August 1962, he was assigned for duty with the 7th Ordnance Company.
b. On 10 June 1963, he departed the ROK en route to the United States.
4. There is no evidence of any disciplinary actions in the applicant's available records.
5. On 26 June 1963, the applicant was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation. He had attained the rank/grade of specialist four (SP4)/E-4. He completed 2 years,
11 months, and 13 days of total active service. The DD Form 214 he was issued at the time shows he was awarded the:
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
6. The applicant's record contains a DA Form 24 (Service Record) that shows in:
* Section 4 (Chronological Record of Military Service) he received all "excellent" conduct and efficiency ratings throughout his service
* Section 9 (Medals, Decorations, and Citations) he was awarded the appropriate marksmanship badge for qualifying
* marksman with the M-1 rifle
* sharpshooter with the carbine rifle
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It states:
a. The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 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.
8. 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. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show all of his awards.
2. The evidence of record shows the applicant served during a qualifying period of service for award of the National Defense Service Medal and the Korea Defense Service Medal. Therefore, his DD Form 214 should be corrected to show these awards.
3. The applicant's record shows he distinguished himself in the performance of his military service as evidenced by his attaining the rank/grade of SP4/E-4, receiving all "excellent" conduct and efficiency ratings throughout his service, and having no record of any disciplinary actions against him. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was the result of an administrative oversight. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 14 July 1960 through 26 June 1963 and his DD Form 214 should be corrected to show this award.
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 from 14 July 1960 through 26 June 1963, and
b. adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korea Defense Service 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) AR20120017304
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120017304
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