IN THE CASE OF:
BOARD DATE: 26 February 2015
DOCKET NUMBER: AR20140012632
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 records to show his overseas medals.
2. The applicant states that at the time of his discharge some overseas medals may not have been in effect.
3. The applicant provides a copy of his:
* DD Form 214 (Report of Separation from the Armed Forces of the United
States) for the period ending 8 July 1952
* DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge) for the period ending 26 August 1960
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 applicants 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 applicants 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 records show he enlisted in the Regular Army (RA) on
27 September 1948 and he held military occupational specialty (MOS) 1745 (Light Weapons Infantryman).
3. His WD AGO Form 24A (Service Record) shows in:
a. Section 14 (Service Outside Continental United States) that he was assigned in Germany from 20 January 1949 to 1 May 1952.
b. Section 21 (Medals, Decorations, and Citations) he was awarded the Army of Occupation Medal with Germany Clasp and the Army Good Conduct Medal.
4. His WD AGO Form 20 (Soldier's Qualification Record) shows in item 32 (Qualification in Arms) he qualified for award of the Expert Marksmanship Qualification Badge with Carbine Bar and the Expert Marksmanship Qualification Badge with Mortar Bar.
5. He was honorably discharged on 8 July 1952 as a sergeant (SGT)/E-5. He had completed 3 years, 9 months, and 12 days of active service. Item 27 (Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army of Occupation Medal with Germany Clasp and the Army Good Conduct Medal.
6. He reenlisted in the RA on 28 August 1957. He held MOS 623.10 (Diesel Engine Repairman).
7. His DA Form 24 (Service Record) shows in:
a. Section 5 (Service Outside Continental United States) that he was assigned in Korea from 4 December 1957 to 30 December 1958.
b. Section 9 (Medal Decorations, and Citations) he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar and Army Good Conduct Medal.
8. His record contains a copy of General Orders 56, U.S. Army Signal Unit Training Group, Fort Gordon, Georgia, dated 3 August 1960, showing he was awarded the Army Good Conduct Medal (First Award) for the period 28 August 1957 to 26 August 1960.
9. He was honorably discharged effective 26 August 1960 as a specialist four (SP4)/E-4. He had completed 2 years, 11 months, and 29 days during the period covered by this DD Form 214 and a total of 6 years, 9 months and 11 days of active duty service. His DD Form 214 for this period of service shows he was awarded the Army Good Conduct Medal.
10. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served qualifying periods of service for award of the National Defense Service Medal and the Korea Defense Service Medal.
2. His records show he was awarded two Army Good Conduct Medals.
3. He was awarded the Expert Marksmanship Qualification Badge with Carbine and Mortar Bars.
4. His DD Forms 214 should be corrected to show the above medals.
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. adding to his DD Form 214 ending 8 July 1952 the National Defense Service Medal, Expert Marksmanship Qualification Badge with Carbine and Mortar Bars; and
b. deleting from his DD Form 214 ending 26 August 1960 the Army Good Conduct Medal and adding the Army Good Conduct Medal (2nd Award) and Korea Defense 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) AR20110009139
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ABCMR Record of Proceedings (cont) AR20140012632
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