BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130011331
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the awards he is entitled to.
2. The applicant provides no statement and no additional evidence.
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 was inducted into the Army of the United States on 5 February 1971 and he held military occupational specialty 95B (military policeman). He served in Korea from 16 August 1971 through 12 September 1972.
3. His record contains the following:
* Special Orders (SO) Number 090, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, LA, dated 2 April 1971, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* SO Number 116, issued by Headquarters, 4th Advanced Individual Training Brigade, dated 17 June 1971, awarding him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* SO Number 163, issued by Headquarters, 83rd Ordnance Battalion, dated 12 November 1971, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
4. He was honorably released from active duty in pay grade E-4 on 14 September 1972. He was credited with completing 1 year, 7 months, and 10 days of net active service with no time lost. His DD Form 214 lists the National Defense Service Medal and Armed Forces Expeditionary Medal.
5. His DA Form 20 (Enlisted Qualification Record) shows in:
* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of derogatory information or a commander's disqualification for award of the Army Good Conduct Medal during his period of service
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
6. 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. There must have been no convictions by a court-martial. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
7. 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 for 30 consecutive days or for 60 nonconsecutive days between 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. SO awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) during his period of active duty. Therefore, he is entitled to correction of his DD Form 214 to show these badges.
2. The evidence of record shows he received excellent conduct and efficiency ratings during his period of active duty and attained the rank of pay grade E-4. There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service. Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 5 February 1971 through 14 September 1972 and its addition to his DD Form 214.
3. He completed a qualifying period of service for award of the Korea Defense Service Medal. Therefore, his DD Form 214 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:
* awarding the applicant the Army Good Conduct Medal (1st Award) for the period from 5 February 1971 through 14 September 1972
* adding the following awards to his DD Form 214
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Korea Defense Service 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) AR20130011331
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