IN THE CASE OF:	  

		BOARD DATE:	  3 December 2013

		DOCKET NUMBER:  AR20130006773 


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:

* award of the Army Good Conduct Medal
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Korea Defense Service Medal and Army Good Conduct Medal

2.  The applicant states the Korea Defense Service Medal recognizes all service members stationed in Korea since 28 July 1954.  He served in Korea with the 1st Cavalry Division from 1963 to 1964; therefore, he is eligible for this medal.  He served honorably from July 1962 to July 1965 so he should be eligible for the Army Good Conduct Medal. 

3.  The applicant provides 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 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 on 16 July 1962 and he held military occupational specialty 11F (Infantry Operations Specialist).  He served in Korea from 2 January to 25 December 1963 while assigned to the 2nd Battle Group, 4th Cavalry Regiment.

3.  He received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), as follows on:

* 25 April 1963, for missing reveille formation
* 25 June 1963, for disobeying a lawful order given by a noncommissioned officer

4.  His record contains a letter of appreciation, dated 23 December 1963, wherein his brigade commander expressed his appreciation to the applicant for the outstanding performance of duty he rendered to his unit.  In an endorsement to the letter, dated 24 December 1963, his immediate commander also expressed his appreciation for the superior manner in which the applicant accomplished all his assigned tasks. 

5.  He was subsequently assigned to Fort Lewis, WA.  He was promoted to the rank/grade of specialist five (SP5)/E-5 on 30 November 1964.

6.  Special Orders (SO) Number 79, dated 25 March 1965, issued by Headquarters, 4th Infantry Division, Fort Lewis, WA, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  He was honorably released from active duty on 15 July 1965 in the rank of SP5 and he was transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service with no lost time.

8.  The DD Form 214 he was issued does not show any awards.

9.  Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service.

10.  His record is void of any other derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).
11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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 from 28 July 1954 to a date to be determined  by the Secretary of Defense.

   b.  National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served honorably from 16 July 1962 to 15 July 1965.  He attained the rank of SP5 and he received all "excellent" conduct and efficiency ratings throughout his military service.  Other than the NJP he received for two relatively minor offenses, his record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 accordingly. 

2.  The evidence of record confirms he served in Korea during a qualifying period for award of the Korea Defense Service Medal and he served during a qualifying period for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  Therefore, 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 the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 16 July 1962 through 15 July 1965
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)




      _______ _   __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)                                         AR20130006773





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ABCMR Record of Proceedings (cont)                                         AR20130006773



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