IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022407
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 record to show the Korea Defense Service Medal (KDSM) and Army Good Conduct Medal (AGCM).
2. He states the KDSM was created in 2004 and made retroactive to 1954. He also believes he earned the AGCM.
3. He provides:
* Honorable Discharge Certificate
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* A clipping from an unidentified source describing the KDSM
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 15 January 1960, the applicant enlisted in the Regular Army.
3. On 9 March 1960, Headquarters, 1st Training Regiment, Fort Jackson, SC, issued Special Orders Number 27 awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. His DA Form 24 (Service Record) shows in:
* Section 4 (Chronological Record of Military Service), he received all "excellent" conduct and efficiency ratings
* Section 5 (Service Outside Continental United States), he arrived in Korea on 1 September 1961 and departed on 16 October 1962
5. His record is void of documentation showing he was the subject of disciplinary action during his Army service.
6. On 2 November 1962, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4. His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar.
7. 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 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.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The National Defense Service Medal (NDSM) was awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.
b. The KDSM 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. The evidence of record supports the applicant's request for correction of his record to show the KDSM and AGCM (1st Award).
2. His conduct and efficiency ratings were "excellent," he was promoted to SP4/E-4, and there is no record of disciplinary action taken against him. In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 15 January 1960 to 2 November 1962 and to correct his DD Form 214 to show this award.
3. Based on his service in Korea, he is entitled to the KDSM and correction of his DD Form 214 to show this award.
4. He served during a period of eligibility for the NDSM. He is entitled to correction of his DD Form 214 to show this award.
5. He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. He is entitled to correction of his DD Form 214 to show this badge.
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 AGCM (1st Award) based on completion of a qualifying period of active Federal service from 15 January 1960 to 2 November 1962; and
b. adding the following awards to his DD Form 214:
* AGCM (1st Award)
* NDSM
* KDSM
* Marksman Marksmanship Qualification Badge with Rifle Bar
_______ _ 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) AR20120022407
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120022407
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110019842
The applicant provides his DD Form 214 and a photograph of the Korea Defense Service Medal (KDSM) in support of his application. Therefore, it would be appropriate to award him the AGCM (1st Award) for his qualifying honorable active duty service from 25 November 1960 through 13 November 1962 and to add this award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award)...
ARMY | BCMR | CY2011 | 20110010624
Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 28 March 1962 to 16 March 1965; and b. adding to item 26 of his DD Form 214 the AGCM (1st Award),...
ARMY | BCMR | CY2014 | 20140014854
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 Korea Defense Service Medal (KDSM), National Defense Service Medal (NDSM), and an unspecified marksmanship qualification badge with rifle bar. There is no evidence the applicant received the first award of the Army Good Conduct Medal (AGCM). As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110005893
Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award. 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...
ARMY | BCMR | CY2013 | 20130020247
The applicant requests correction of his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) to show he completed mechanic training and that he was awarded the Army Good Conduct Medal, Driver and Mechanic Badge, and Marksmanship Qualification Badge with Carbine and (M-1 and M-14) Rifle Bars. There is no evidence of record that shows the applicant completed mechanic training. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110006163
Application for correction of military records (with supporting documents provided, if any). He provides the following: * Two DD Forms 214 * DD Form 215 (Correction to DD Form 214) * DD Form 4 (Enlistment Record Armed Forces of the United States) * DA Form 24 (Service Record) * DA Form 20 (Enlisted Qualification Record) * DA Forms 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) * Special Orders Number 64, dated 19 December 1966 * General Orders...
ARMY | BCMR | CY2010 | 20100017606
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the following awards for his foreign service in the Republic of Vietnam (RVN) and in the Republic of Korea (ROK): * Army Good Conduct Medal (AGCM) (First Award) * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * RVN Gallantry Cross with Palm Unit Citation * Korean Defense Service Medal...
ARMY | BCMR | CY2012 | 20120017304
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. The evidence of record shows the applicant served during a qualifying period of service for...
ARMY | BCMR | CY2012 | 20120008409
His record contains four DD Forms 214. a. In light of his overall record of service, it would be appropriate to award him the AGCM (3rd Award) for this period and to correct his final DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Headquarters, 83d Ordnance Battalion (Ammunition), General Orders Number 3, dated 7 March 1963, to show the period for the AGCM (2nd Award) as "28...
ARMY | BCMR | CY2014 | 20140021057
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received the Republic of Vietnam (RVN) Campaign Medal (VCM) and any other awards he may have earned. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the: * Republic of Korea from 17 July 1964 to 28 July 1965 * RVN from 20 October 1966 through 9 February 1967 4. c. Adding to his DD Form 214 the: * AGCM (1st...