IN THE CASE OF:
BOARD DATE: 23 April 2013
DOCKET NUMBER: AR20120017938
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 Republic of Korea (ROK) Presidential Unit Citation (PUC).
2. The applicant states he earned the ROK PUC for his service in Korea during 1967 and 1968.
3. The applicant provides a copy of his DD Form 214 effective 14 September 1968.
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 8 February 1967, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty 13A (Field Artillery Basic).
3. On 4 July 1967, the applicant departed Fort Sill, OK for duty in the ROK.
a. On 9 August 1967, he was assigned to B Battery, 2nd Battalion, 76th Artillery Regiment, 7th Infantry Division.
b. On 14 September 1968, he departed the ROK and returned to the United States.
4. On 14 September 1968, the applicant was released from active duty. He attained the rank of specialist four, pay grade E-4, and had completed 1 year,
7 months, and 7 days of creditable active duty service.
5. The applicant's DD Form 214 effective 14 September 1968 shows his awards as:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Expeditionary Medal
6. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were excellent. The applicants records do not contain any evidence of disciplinary action. There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.
7. On 29 December 1972, the applicant enlisted in the Regular Air Force. He was discharged on 4 June 1976. His DD Form 214 issued by the Air Force shows his awards as the National Defense Service Medal and the Air Force Good Conduct Medal.
8. On 3 April 1979, the applicant enlisted in the Regular Army until his discharge on 24 August 1981. He had attained the rank of sergeant, pay grade E-5.
9. The applicant's DD Form 214 ending on 24 August 1981 shows his awards as:
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Air Force Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
10. Army Regulation 600-8-22 (Military Awards) provides for award of the Korea Defense Service Medal (KDSM). 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.
11. A history of the 7th Infantry Division shows that it was awarded the ROK PUC for its service in the ROK during the period from 1953 to 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the ROK PUC because he earned it for his service in Korea during 1967 and 1968.
2. The available evidence shows that the applicant was a member of the 7th Infantry Division in 1967-1968 which was during the period the division was awarded the ROK PUC. Therefore, this award should be shown on his DD Form 214 effective on 14 September 1968.
3. The applicants records clearly show that in 1967-1968 he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and achieving "excellent" conduct and efficiency ratings. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this medal.
4. Records show that the applicant served in the ROK during a qualifying period for award of the Korea Defense Service Medal. Therefore, his records 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 for the period
8 February 1967 to 14 September 1968;
b. showing, in addition to the awards already shown on his DD Form 214 ending on 24 August 1981, that his awards include the Republic of Korea Presidential Unit Citation and the Army Good Conduct 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) AR20120017938
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ABCMR Record of Proceedings (cont) AR20120017938
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