IN THE CASE OF:	  

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140011936 


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 (Report of Separation from the Armed Forces of the United States) to show award of the Army Good Conduct Medal.

2.  The applicant states he served in Korea during the war and feels he earned and is eligible for award of the Army Good Conduct Medal.

3.  The applicant provides:

* Honorable Discharge Certificate
* 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’s record contains an NME Form Number 47 (Record of Induction) which shows he was inducted into the Army of the United States on  25 September 1950.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 7 September 1952; however, this form also shows he entered into active service on 25 September 1950 at Milwaukee, WI.  The form shows at the time of his separation, he held military occupational specialty 4345 (Light Vehicle Driver) and his most significant duty assignment (i.e., his last duty assignment) was with Service Company, 179th Infantry Regiment, 45th Infantry Division.

4.  His record contains a DD Form 230 (Service Record) showing in Section 24 (Indorsements) that the applicant was favorably considered for award of the Army Good Conduct Medal.  Although his previous character and efficiency ratings were unknown, he received “excellent” character and efficiency ratings on 4 August 1952. 

5.  His DD Form 214 further shows he completed 1 year, 11 months, and 13 days of creditable active service, of which 1 year, 5 months, and 1 day was foreign service.  He was honorably released from active duty in the rank/grade of corporal on 7 September 1952.

6.  His DD Form 214 shows award of the:

* Army of Occupation Medal with Japan Clasp
* 2 Overseas Service Bars
* Combat Infantryman Badge
* Korean Service Medal with 3 bronze service stars
* United Nations Service Medal

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined; and
   
	b.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954.  The service prescribed must have been performed while on permanent assignment; while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or        60 nonconsecutive days; or while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request was carefully considered and determined to have  merit.

2.  Upon examination of the applicant's DD Form 214 an error was discovered which requires correction.  Item 6 (Effective Date of Separation) and Item 15 (Inducted) each indicate an action occurring on 7 September 1952.  This is clearly a typographical error.  The applicant's NME Form Number 47 clearly shows he was inducted into the Army of the United States on 25 September 1950.  Therefore, Item 15 of his DD Form 214 should be corrected to show      "25 Sep 50."

3.  The applicant's service record reveals his conduct and efficiency rating as "excellent" and his favorable consideration for award of the Army Good Conduct Medal (1st Award) on 4 August 1952.  His record fails to show he had any convictions by court-martial.  Therefore, there is sufficient evidence to support his entitlement to correction of his DD Form 214 to show award of the Army Good Conduct Medal (1st Award) for the period 25 September 1950 through 7 September 1952.

4.  Evidence shows he served a qualifying period of service for entitlement to the National Defense Service Medal which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.
5.  Based on the available record and his previously awarded Korean Service Medal with three bronze service stars, the applicant is clearly entitled to award of the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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 (1st Award) for the period 25 September 1950 through 7 September 1952; 

	b.  replacing the entry in item 15 of his DD Form 214 with "25 Sep 50"; and

   c.  adding the following to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Korea War Service Medal



      _______ _   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)                                         AR20140011936





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ABCMR Record of Proceedings (cont)                                         AR20140011936



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