Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140009045
Original file (20140009045.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140009045 


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 that he be awarded the Army Good Conduct Medal (AGCM) and National Defense Service Medal (NDSM).

2.  The applicant states that he served for over 3 years and served in the Korean War. 

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 18 August 1949 for a period of 3 years.  He completed his training as a field artillery crewman and served 1 year and 5 days of foreign service.

4.  On 1 October 1952, he was honorably discharged in the rank of sergeant.  He had served 3 years, 1 month and 13 days of active service and had 1 day of lost time.  His DD Form 214 issued at the time of his discharge shows that he was awarded the Korean Service Medal with six bronze service stars, United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

5.  Army Regulation 600-65 (Service Medals), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as “excellent” or higher, except that ratings of “Unknown” for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than “excellent” entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by 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.

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.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the AGCM has been carefully considered; however, there are insufficient records available to determine if he met the eligibility criteria for that award.  Therefore, in the absence of sufficient evidence, there appears to be no basis to award him the AGCM at this time.

2.  However, the applicant did serve during qualifying periods for awards of the NDSM and the ROKWSM.  Accordingly they should be issued at this time and added to his DD Form 214.

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 issuing him the awards of the NDSM and the ROKWSM and adding them to his DD Form 214.
2.  The Board further determined that 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 awarding him the AGCM. 



      ___________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)                                         AR20140009045



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140009045



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100009912

    Original file (20100009912.txt) Auto-classification: Approved

    The applicant requests award of the National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), and the Republic of Korea War Service Medal (ROKWSM). Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined that the applicant also met the eligibility criteria for award of the Army Good Conduct Medal (1st award). Although his records were apparently destroyed in the 1973 National Personnel Record Center fire, the available records show he was promoted to...

  • ARMY | BCMR | CY2014 | 20140010125

    Original file (20140010125 .txt) Auto-classification: Approved

    His DD Form 214 issued at the time of his REFRAD shows he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...

  • ARMY | BCMR | CY2010 | 20100009346

    Original file (20100009346.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show the award of the Army Good Conduct Medal (AGCM). According to Army Regulation 600-8-22 (Military Awards), paragraph 9-12, the UNSM is authorized for Soldiers who served in Korea during the period 27 June 1950 to 27 July 1954. Although the evidence does not show the actual dates he served in Korea, his service there is confirmed by his being awarded the Korean...

  • ARMY | BCMR | CY2011 | 20110023661

    Original file (20110023661.txt) Auto-classification: Approved

    The applicant requests, through a Member of Congress, correction of his record to show: a. the National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), all other awards to which he may be entitled; and b. The applicant's DD Form 214 shows he enlisted in the Army of the United States on 8 January 1951. Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed...

  • ARMY | BCMR | CY2011 | 20110019135

    Original file (20110019135.txt) Auto-classification: Approved

    His DD Form 214 also shows the following awards: * Army of Occupation Medal (Japan) * Korean Service Medal with two bronze service stars * United Nations Service Medal 6. The available records show he was separated in the rank of SGT after completing 1 year, 11 months, and 14 days of active duty service with no lost time and section 18 of his DD Form 230 confirms he was favorably considered for the AGCM. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2014 | 20140002841

    Original file (20140002841.txt) Auto-classification: Approved

    He states that his DD Form 214 shows he was awarded the Army of Occupation Medal (AOM) and the Korean Service Medal (KSM). The applicant's complete military record is not available to the Board for review. There is no evidence of record that shows the applicant's unit was awarded the ROK PUC.

  • ARMY | BCMR | CY2009 | 20090000454

    Original file (20090000454.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Since the applicant served during a qualifying period for which award of the NDSM was authorized, it would be appropriate to correct his DD Form 214 to show this award. Unfortunately, without the applicant's military records and without any supporting evidence provided by the applicant, his conduct and efficiency ratings cannot be verified.

  • ARMY | BCMR | CY2011 | 20110007880

    Original file (20110007880.txt) Auto-classification: Approved

    The applicant requests that he be awarded the Good Conduct Medal (AGCM) and the Republic of Korea War Service Medal (ROKWSM). The applicant states that he was not awarded the AGCM or the ROKWSM and he desires to have them awarded at this time and to have his DD Form 214 (Report of Separation from the Armed Forces of the United States) corrected accordingly. Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted...

  • ARMY | BCMR | CY2012 | 20120012567

    Original file (20120012567.txt) Auto-classification: Approved

    The applicant requests that he be awarded the Army Good Conduct Medal (AGCM) and that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show award of the Purple Heart Oak Leaf Cluster (1OLC). Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. _______ _ __X_____ ___ CHAIRPERSON I certify...

  • ARMY | BCMR | CY2010 | 20100013217

    Original file (20100013217.txt) Auto-classification: Approved

    The applicant requests that his last name be corrected in item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and that item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) be amended by adding the National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), and two additional bronze service stars to be affixed to the Korean Service Medal (KSM). Army...