IN THE CASE OF:	   

		BOARD DATE:	  6 August 2013

		DOCKET NUMBER:  AR20120022442 


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 two DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM) (2nd Award), Overseas Service Ribbon (OSR), Korea Defense Service Medal (KDSM), and U.S. Army Recruiter Badge.

2.  The applicant states he is attempting to correct his records because it has become very important to him.

   a.  He served in Korea and he is entitled to the KDSM and OSR.

   b.  His orders for the U.S. Army Recruiter Badge were not recognized for his recruiting assignment in Waupaca, WI.  

   c.  He had no disciplinary actions taken against him during his military service and all of his active duty service was not taken into consideration for award of the AGCM (2nd Award).

3.  His application indicates he provided two DD Forms 214, Leave and Earnings Statements showing overseas duty pay, orders for overseas service in Korea and recruiting duty, and training certificates.  However, no documentary evidence was attached to his application


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.  The applicant enlisted in the Regular Army (RA) on 21 November 1978.  He was awarded military occupational specialty 63B (Light Wheel Vehicle/Power Generator Mechanic).

3.  Headquarters, Fort McCoy, Sparta, WI, Permanent Orders 19-1, dated
9 December 1981, awarded the applicant the AGCM (1st Award) for the period of service from 21 November 1978 to 20 November 1981.

4.  He was promoted to sergeant (SGT)/pay grade E-5 on 5 August 1982.

5.  A DD Form 214 shows the applicant entered active duty this period on
21 November 1978, was honorably released from active duty on 20 July 1983, and transferred to the U.S. Army Reserve Control Group (Reinforcement).

   a.  He completed 4 years, 7 months, and 29 days of net active service this period that included 2 months and 7 days of foreign service.

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* AGCM (1st Award)
* Army Service Ribbon
* Humanitarian Service Medal

6.  The applicant again enlisted in the RA, on 18 June 1987.

7.  The applicant's DA Form 2A (Personnel Qualification Record (PQR)), Part I, dated 22 January 1988, shows in section IV (Service Data), item 14 (DROS/DEROS) [Date Returned from Overseas/Date Eligible to Return from Overseas]:  "N/A."

8.  The applicant's DA Form 2-1 (PQR), Part II, shows in:

	a.  item 5 (Oversea Service):  no entry (is blank);

   b.  item 9 (Awards, Decorations and Campaigns):

* Army Service Ribbon
* AGCM (1st Award)
* Humanitarian Service Medal
* Mechanics Badge
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar

   c.  item 17 (Civilian Education and Military Schools), in pertinent part:

* Camp Humphreys, Korea, Driver Training, 1 week, 1979
* Korea, Generator Course, 2 weeks, 1979

9.  A DD Form 214 shows the applicant entered active duty this period on 
18 June 1987 and he was honorably discharged on 15 February 1989.

   a.  He completed 1 year, 7 months, and 28 days of net active service this period.

	b.  item 13 shows the:

* Army Service Ribbon
* Army Lapel Button
* Mechanics Badge
* Humanitarian Service Medal
* AGCM (1st Award)
* Expert Marksmanship Qualification Badge Rifle (M-16) and Pistol Bars (.45 caliber)
* Marksman Marksmanship Qualification Badge with Grenade Bar

10.  On 7 May 2012, the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY, notified the applicant's congressman that the applicant's entitlement to the KDSM had been verified.  However, entitlement to the AGCM (2nd Award), OSR, and U.S. Army Basic Recruiter Badge could not be verified and, therefore, were not authorized.

11.  A DD Form 215 (Correction to DD Form 214), dated 8 May 2012, shows the KDSM was added to item 13 of the applicant's 15 February 1989 DD Form 214.

12.  A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the AGCM
(2nd Award), OSR, or U.S. Army Recruiter Badge.  This review also failed to reveal evidence relating to specific dates or a period of service in Korea.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

    a.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

	b.  The U.S. Army Recruiter Badge is authorized for permanent wear by military personnel as part of the uniform upon announcement in a memorandum issued by the Commandant, Recruiting and Retention School, as authorized by the Commanding General, U.S. Army Recruiting Command.

	c.  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.

	d.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for award of the OSR for successful completion of overseas tours.

14.  Army Regulation 614-30 (Overseas Service) shows the normal tour of duty for Korea is 12 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his two DD Forms 214 should be corrected to show award of the KDSM, OSR, U.S. Army Recruiter Badge, and AGCM
(2nd Award).  It is noted that the applicant failed to provide any of the evidence listed on his application to the board.
2.  A DD Form 215, dated 8 May 2008, shows the applicant's 15 February 1989 DD Form 214 was corrected to show award of the KDSM.  Therefore, no further action is required with respect to the applicant's request for award of the KDSM.  A copy of the DD Form 215 will be provided to him.

3.  Records show the applicant served in Korea in 1979 and the DD Form 214 he was issued covering this period of service shows that he completed 2 months and 7 days of foreign service.

   a.  The evidence of record shows the criteria for completion of a normal tour of duty in Korea is 12 months.
   
   b.  Thus, the evidence of record fails to show the applicant met the criteria for award of the OSR.
   
4.  There is no evidence of record that shows the applicant was authorized permanent wear of the U.S. Army Recruiter Badge.

5.  The applicant served on active duty from 21 November 1978 through 20 July 1983 and he was awarded the AGCM (1st Award) for the period 21 November 1978 through 20 November 1981.  He was REFRAD on 20 July 1983.

   a.  He reentered active duty on 18 June 1987, which established the beginning of the applicant's second qualifying period for award of the AGCM.

   b.  He was discharged on 15 February 1989.  At that time, he had completed 1 year, 7 months, and 28 days of active service.

   c.  The qualifying period for award of the AGCM is 3 years.

   d.  An exception to the 3-year qualifying period is authorized in those cases when the period for the first award (emphasis added) ends with the termination of a period of Federal military service.  However, there is no such exception for subsequent awards of the AGCM.

   e.  In view of the foregoing, there is an insufficient basis to award the applicant the AGCM (2nd Award).
   
6.  Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant's request for correction of his records to show award of the OSR, U.S. Army Recruiter Badge, or AGCM (2nd Award).


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___________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)                                         AR20120022442



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ABCMR Record of Proceedings (cont)                                         AR20120022442



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