IN THE CASE OF:	  

		BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140006095 


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 award of the Army Good Conduct Medal (AGCM) and Presidential Unit Citation (PUC).

2.  The applicant states he should have been eligible for award of the AGCM and PUC.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 2 December 1964.

3.  He served in Korea from 5 June 1965 through 6 July 1966.  While in Korea, he was assigned as follows:

* 7th Administration Company from 22 June 1965 to 26 July 1965
* Headquarters and Headquarters Support Battery, 6th Battalion, 80th Field Artillery Regiment, from 26 July 1965 to 31 July 1965
* Battery A, 6th Battalion, 80th Field Artillery Regiment, from 1 August 1965 to 6 July 1966

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Grenade Launcher Bar (M-79)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

5.  His records show he received all "excellent" conduct and efficiency ratings except for ratings of "unknown" for the period 26 July to 1 August 1965 while he was briefly assigned to Headquarters and Headquarters Support Battery.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.

6.  On 1 December 1966, he was honorably released from active duty in the temporary rank/grade of specialist five/E-5.  He completed 2 years of active service.  His DD Form 214 shows he was awarded or authorized the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Launcher Bar (M-79)
* National Defense Service Medal

7.  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.  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.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

	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.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) and the U.S. Army Center of Military History web site failed to show and the applicant did not provide any evidence showing the units to which he was assigned were awarded the PUC.

DISCUSSION AND CONCLUSIONS:

1.  He served honorably during the period 2 December 1964 through 1 December 1966.  He received "excellent" conduct and efficiency ratings throughout his period of service without a commander's disqualification.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

2.  He served a qualifying period for award of the KDSM; therefore, his DD Form 214 should be corrected to show this award.

3.  There is no evidence of record and he failed to provide evidence showing the PUC was awarded to any of the units to which he was assigned.  Therefore, he is not authorized correction of his DD Form 214 to show this unit award.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  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 partial 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 2 December 1964 through 1 December 1966
* adding the following awards to his DD Form 214 –

*	AGCM (1st Award)
*	KDSM

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 award of the PUC.



      ______________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)                                         AR20140006095



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ABCMR Record of Proceedings (cont)                                         AR20140006095



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