BOARD DATE:	 3 February 2015

		DOCKET NUMBER:  AR20140010490 


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 show the National Defense Service Medal, Korea Defense Service Medal, Overseas Service Medal (properly known as the Overseas Service Ribbon), and any other medals to which he may be entitled.

2.  The applicant states he just found out he is eligible for membership in the Veterans of Foreign Wars based on his service in Korea; however, his DD Form 214 doesn’t show the Korea Defense Service Medal to prove his service in Korea.

3.  The applicant provides 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.  The applicant was inducted into the Army of the United States on 19 April 1960 and he held military occupational specialty 632.20 (Track Vehicle Mechanic). 

3.  He served in Korea from 2 March 1961 to 21 April 1962 while assigned to B Troop, 1st Reconnaissance Squadron, 9th Cavalry.  He was promoted to the rank/grade of specialist four (SP4)/E-4 on 9 November 1961.

4.  He was honorably released from active duty on 7 May 1962 in the rank of SP4 and he was transferred to the U.S. Army Reserve.  He completed 2 years and 19 days of creditable active service with no lost time.

5.  The DD Form 214 he was issued shows award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings except for the period from 2 March through 1 April 1961 when he received "unknown" ratings. 

7.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

8.  Army Regulation 672-5-1 (Military 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.  "Unknown" ratings did not disqualify the enlisted person from being awarded the Army Good Conduct Medal.

9.  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.  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.

   c.  Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served during a qualifying period of service for award of the National Defense Service Medal and the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record confirms he served honorably during the period 19 April 1960 to 7 May 1962.  He attained the rank of SP4 and received all "excellent" conduct and efficiency ratings throughout his service except for the "unknown" ratings he received for 1 month from 2 March to 1 April 1961 when he first arrived in Korea.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the1st award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the 1st award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  With respect to the Overseas Service Ribbon, the criterion for this award requires that the Soldier satisfactorily complete an overseas tour after 1 August 1981 or, for retroactive awards, had an Active Army status on or after 1 August 1981.  As the applicant was released from active duty on 7 May 1962, he did not serve during a qualifying period for this award.  Therefore, he is not entitled to this portion of the requested relief.



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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 19 April 1960 through 7 May 1962
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award), National Defense Service Medal, and the Korea Defense Service Medal

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 award of the Overseas Service Ribbon.  



      __________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)                                         AR20110023820



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ABCMR Record of Proceedings (cont)                                         AR20140010490



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