IN THE CASE OF:	   

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130003465 


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 records to show he was released from active duty (REFRAD) in the rank of staff sergeant (E-6).  He also request that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show all of his authorized awards.

2.  The applicant states, in effect, he overlooked the exclusion of proper information on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  He provides a:

* National Personnel Records Center (NPRC) letter, dated 14 February 2013
* Service Request All Details form
* West Florida Public Library Cover Sheet
* NPRC Letter, dated 31 October 2012
* Request Pertaining to Military Records

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 Army for 3 years on 5 May 1967 in pay grade     E-1.  He arrived in Germany on 5 October 1967.  He departed Germany enroute to the United States on 2 May 1968.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was promoted through the rank to sergeant (E-5) on 19 December 1968.  His DA Form 20 also shows his conduct and efficiency ratings were excellent while he was in the Army.

4.  On 2 March 1969, the applicant arrived in Korea.  He departed Korea enroute to the United States on 16 April 1970 and he was REFRAD as an overseas returnee.  He completed 2 years, 11 months, and 12 days of total active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

5.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  The applicant was promoted to pay grade E-6 on 1 July 1971.  He was discharged from the USAR on 1 March 1973.

7.  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify his disqualification for award of the AGCM.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis 

of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

10.  Army Regulation 600-8-22 (Military Awards) states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  The applicant's records do show he was promoted to pay grade E-6 before he was discharged from the USAR.  However, he was REFRAD on 16 April 1970, which was prior to his promotion to pay grade E-6 on 1 July 1971.  His DD Form 214 properly shows his rank and grade as sergeant (E-5).

3.  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.  His conduct and efficiency ratings were excellent while he was in the Army.  He should be awarded the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

4.  He is also authorized the Korea Defense Service Medal, based on his service in Korea.

5.  In view of the foregoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 Army Good Conduct Medal for excellent conduct and efficiency from 5 May 1967 through 16 April 1970 and amending item 24 on his DD Form 214 to show he is authorized the Army Good Conduct Medal and the Korea Defense Service Medal.

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 correcting his DD Form 214 to show he was REFRAD in the rank and pay grade of staff sergeant (E-6).



      _______ _   _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)                                         AR20130003465



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ABCMR Record of Proceedings (cont)                                         AR20130003465



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