IN THE CASE OF 

		BOARD DATE:    20 May 2014

		DOCKET NUMBER:  AR20130015735


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 Army Commendation Medal (ARCOM) and any other awards to which he may be entitled.

2.  The applicant states the ARCOM was omitted from his DD Form 214.

3.  The applicant provides a letter from Headquarters, U.S. Army Infantry Center, which shows he was awarded the ARCOM for meritorious service during the period 4 December 1964 to 20 January 1966 and a letter of appreciation.

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.  On 8 February 1963, the applicant enlisted in the Regular Army.  He completed his initial entry training and was awarded military occupational specialty 31E (Field Radio Repairman).  The highest rank/grade he attained during his period of active military service was specialist five/E-5.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea from on or about 16 October 1963 to on or about 29 October 1964.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

5.  On 20 January 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 2 years, 11 months, and 13 days of total active service with 1 year and 14 days of foreign service in the Republic of Korea.  This form also shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Headquarters, U.S. Army Infantry Center, Fort Benning, GA, General Orders Number 35, dated 30 March 1966, show he was awarded the ARCOM for meritorious service during the period 4 December 1964 to 20 January 1966.

7.  A review of the applicant's records indicates he may be entitled to additional awards which are not shown on his DD Form 214.

8.  There is no indication in his available records that he was awarded the Army Good Conduct Medal (AGCM).  There is no evidence of a commander's disqualification for this award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15 of the Uniform Code of Military Justice.

9.  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 and no convictions by court-martial.

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

	a.  The National Defense Service Medal (NDSM) 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.

	b.  The Korea Defense Service Medal (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.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days or meet several criteria including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the ARCOM which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served honorably from 8 February 1963 through 20 January 1966, a period of 2 years, 11 months, and 13 days of total active service.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

3.  He served a qualifying period for award of the NDSM and KDSM which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

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:

	a.  awarding him the AGCM (1st Award) for the period 8 February 1963 through 20 January 1966 and

	b.  adding award of the ARCOM, AGCM (1st Award), NDSM, and KDSM to his DD Form 214.



      ____________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)                                         AR20130015735



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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