IN THE CASE OF:	

		BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130019304 


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 add the National Defense Service Medal and Korea Defense Service Medal.

2.  The applicant states the National Defense Service Medal was omitted from his DD Form 214 and the Korea Defense Service Medal was not issued at the time of his service.

3.  The applicant provides:

* Special Orders (SO) Number 276, dated 9 November 1962
* SO Number 348, dated 14 November 1962
* Two DA Forms 1049 (Personnel Action), dated 13 November 1963 and 
27 January 1964
* SO Number 2, dated 2 January 1964
* SO Number 56, dated 25 February 1964
* Certificate of Achievement
* Standard From (SF) 600 (Chronological Record of Health Care)
* SF 735 (Health Record – Abstract of Service)
* Personnel Data Sheet
* DA Form 24 (Service Record)
* 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 enlisted in the Regular Army on 16 July 1962 and held military occupational specialty 632.20 (Track Vehicle Mechanic).  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

3.  His DA Form 24 shows he was assigned to Korea from 27 December 1962 to 15 July 1965, and SO Number 34, issued by Headquarters, 1st Infantry Division, on 9 February 1965 awarded him the Mechanics Badge with Bar (Track).

4.  His DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar (Sub-Caliber) on 19 November 1962.

5.  He was honorably released from active duty on 15 July 1965.  His DD Form 214 shows he completed 3 years of net active service, of which 1 year, 1 months, and 26 days was credited as foreign and/or sea service.  Additionally, he was awarded or authorized the Marksman Marksmanship Qualification Badge with Pistol and Rifle Bars.

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

7.  Army Regulation 600-8-22 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.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
8.  A review of his service records shows he had “excellent” conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 
16 July 1962 through 15 July 1965.

9.  Army Regulation 672-5-1 (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 except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows his service met the time requirements for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he served on active duty in Korea from
27 December 1962 to 15 July 1965, a period of over 1 year.  As such, he met the criteria for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.

3.  He served honorably during the period 16 July 1962 through 15 July 1965.  There is no derogatory information in the form of nonjudicial punishment or a suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received “excellent” conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this award.

4.  The evidence of record shows he was awarded the Mechanics Badge with Track Bar and the Sharpshooter Marksmanship Qualification Badge with Tank 
Weapons Bar (Sub-Caliber).  Therefore, he is entitled to correction of his 
DD Form 214 to add these badges.





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 him the Army Good Conduct Medal (1st Award) for the period 
16 July 1962 through 15 July 1965
* adding to his DD Form 214 the:

* National Defense Service Medal
* Korea Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Mechanics Badge with Track Bar 
* Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar (Sub-Caliber)



      _______ _   _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)                                         AR20130019304





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019304



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1