IN THE CASE OF:
BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130015232
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 award of the Korea Defense Service Medal (KDSM).
2. The applicant states, in effect, he qualified for award of the KDSM and would like to have it added to his DD Form 214.
3. The applicant provides copies of his DD Form 214 and DA Form 20 (Enlisted Qualification Record).
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 11 June 1965. He completed basic training at Fort Dix, New Jersey, and advanced individual training as a cannoneer at Fort Sill, Oklahoma, before being transferred to Korea on 28 October 1965.
3. He was reclassified as a cook on 25 June 1966 and was promoted to pay grade E-5 on 7 November 1966. He departed Korea on 28 November 1966 for assignment to Fort Carson, Colorado.
4. On 9 June 1967, he was honorably released from active duty due to the expiration of his term of service. He completed 1 year, 11 months, and 29 days of active service. His DD Form 214 shows he was awarded the National Defense Service Medal.
5. A review of his records shows he had "excellent" conduct and efficiency ratings throughout his entire enlistment and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).
6. Army Regulation 600-8-22 (Military Awards) states the 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
7. Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. Qualifying service for this award includes service in Korea from 1 October 1966 through 30 June 1974.
8. 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; for the 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that award of the KDSM should be added to his DD Form 214 has been noted and found to have merit.
2. He served in Korea from 28 October 1965 to 28 November 1966 which is a qualifying period for both the KDSM and the AFEM. Accordingly, both awards should be added to his DD Form 214.
3. Additionally, a review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM. Therefore, it appears that the failure to award him the AGCM was the result of an administrative error. Accordingly, he should be awarded the AGCM (1st Award) for the period 11 June 1965 to 9 June 1967 and 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:
1. 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 AGCM (1st Award) for the period 11 June 1965 to 9 June 1967
* adding award of the AGCM (1st Award), AFEM, and KDSM to his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Cold War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20130015232
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ABCMR Record of Proceedings (cont) AR20130015232
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