BOARD DATE:  12 June 2014

		DOCKET NUMBER:  AR20130018905 


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 Stated Report of Transfer or Discharge) to show:

	a.  his last name as "O'Donnell" instead of "O'Donnel"; 

	b.  the Korea Defense Service Medal, Army Good Conduct Medal, Armed Forces Expeditionary Medal, Cold War Medal, and any other authorized awards; and 

   c.  he also requests a copy of the Letter of Commendation listed on his 
DD Form 214. 

2.  The applicant states the last name on his DD Form 214 is incorrect.  The above awards were issued after he was discharged.  He served in Korea from 
10 August 1961 to 4 October 1962.  

3.  The applicant provides copies of his Ohio Driver License, Social Security Card, DA Form 24 (Service Record), and 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.  A member of the ABCMR staff will mail the applicant a copy of the Letter of Commendation.

3.  The applicant enlisted in the Regular Army on 29 August 1960.  He held military occupational specialty 534.10 (Chemical Staff Specialist). 

4.  A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his last name as "O'Donnell."

5.  His record shows:

	a.  his last name is listed as "O'Donnell";

	b.  he departed the United States for Korea on 6 August 1961 and arrived on 
9 August 1961.  He returned to the United States on 5 October 1962; and

	c.  he received conduct and efficiency ratings of "Good" for the periods 
16 February to 20 June 1961 and 7 July to 3 October 1962, and a "Good" efficiency rating for the period 18 February to 4 April 1963.

6.  On 28 August 1963, he was released from active duty, in the rank of specialist five/E-5.  He had completed 3 years of active service.  His DD Form 214 shows:

	a.  his last name as "O'Donnel."  He signed the form using the last name of “O'Donnell”; and 

	b.  he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Carbine Bar, and a Letter of Commendation.

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

	a.  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;

	b.  Armed Forces Expeditionary Medal 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.  The Armed Forces Expeditionary Medal authorized for designated U.S. Military operations in Korea from 1 October 1966 to 30 June 1974; and

	c.  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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  The Cold War Medal is not listed as an authorized award in Army Regulation 600-8-22.

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.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant's last name is spelled incorrectly on his DD Form 214 and should be correctly listed "O'Donnell."  

2.  He served qualifying periods of service for award of the National Defense Service Medal and the Korea Defense Service Medal.  His DD Form 214 should be corrected to show these awards. 

3.  The evidence shows he is not eligible for award of the Army Good Conduct Medal because he did not receive all "Excellent" conduct and efficiency ratings.
4.  He did not serve in Korea between 1966 and 1974 and he is not eligible for the Armed Forces Expeditionary Medal.

5.  The Cold War Medal is not listed on his DD Form 214 as an authorized award, and it should not be listed because it is not an authorized award in Army Regulation 600-8-22.

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:

	a.  deleting the entry in item 1 of his DD Form 214 and entering his name as it is listed on his DD Form 4; and

	b.  adding the National Defense Service Medal and the Korea Defense Service Medal to his DD Form 214.

2.  The Board further determined 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 awarded the Army Good Conduct Medal, Armed Forces Expeditionary Medal, and the Cold War 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)                                         AR20130005160



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ABCMR Record of Proceedings (cont)                                         AR20130018905



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