IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130019617 


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, through a Member of Congress, correction of his military records to show award of the Army Good Conduct Medal (AGCM) and Korea Defense Service Medal (KDSM).

2.  The applicant states he did not closely examine his separation document because he was out-processing at the same time he was arranging his transportation home.

3.  The applicant provides:

* United States Senator Letter
* Standard Form 180 (Request Pertaining to Military Records)
* Two Military Medical Record Document Extracts
* DD Form 214 (Report of Separation from the Armed Forces of the United States) issued 19 August 1955
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued 30 July 1959

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's complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered using reconstructed records from the NPRC.

3.  The applicant's NPRC File shows he was initially inducted into the Army of the United States and entered active duty on 11 September 1953.  He was trained in and served in military occupational specialty 622.10 (Railway Trainman).

4.  His DD Form 113 (Military Pay Record) shows he reported for duty with the following three units (in Korea) on the dates indicated: 

* 945th Quarter-Master Company, APO 973 - 29 January 1955
* Headquarters Company, 32 Quarter-Master Group, APO 973 - 19 May 1955
* Company M, 21st Infantry Regiment, APO 24 - 	23 June 1955

5.  On 19 August 1955, the applicant was honorably released from active duty, in the rank of private first class.  The DD Form 214 issued him at that time shows he completed 1 year, 11 months, and 9 days of creditable active duty service of which 7 months and 26 days was foreign service.

6.  The DD Form 214 confirms the applicant had no lost time in item 38 (Remarks).  It also shows he earned the National Defense Service Medal.

7.  On 31 July 1956, the applicant enlisted in the Regular Army.  He was honorably released from active duty on 30 July 1959, in the rank of specialist four.  His DD Form 214 shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol Bar.

8.  The applicant's NPRC File contains no indication he committed any infractions that would have disqualified him from receiving the Army Good Conduct Medal (AGCM).  It is also void of a unit commander disqualification that would have precluded award of the AGCM.
6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  

   a.  Paragraph 2-20 states the KDSM is authorized to be awarded to members who served on active duty in Korea for 30 consecutive or 60 non-consecutive days after 28 July 1954 to a date to be determined.

   b.  It states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  It further states that the normal qualifying period for the AGCM is 3 years; however, in the case of the first award, a period of more than 1 year is a qualifying period when it is awarded at the termination of a period of military service.  There is no automatic entitlement to the AGCM; however, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the AGCM and KDSM was carefully considered and found to have merit.  

2.  His record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would also be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 11 September 1953 to 19 August 1955 and to add it to his final DD Form 214 issued on 30 July 1959.

3.  By regulation, the KDSM is authorized to members who served in Korea for 30 consecutive or 60 non-consecutive days after 28 July 1954.  While the evidence of record does not show the specific dates of the applicant's Korean service, his Military Pay Record confirms he served in Korea from 29 January through 23 June 1955.  Thus, it would be appropriate to add the KDSM to his DD Form 214.

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:

	a.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 11 September 1953 through 19 August 1955;

   b.  adding the Army Good Conduct Medal and Korea Defense Service Medal to the list of awards shown of his DD Form 214 issued on 30 July 1959, and

	c.  providing him a corrected document to reflect these changes.




      _______ _   __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)                                         AR20130019617



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ABCMR Record of Proceedings (cont)                                         AR20130019617



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