IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140014943
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Korea Defense Service Medal (KDSM) and any other awards to which he may be entitled.
2. The applicant states that he served in Korea for 1 year, 2 months, and 17 days and his DD Form 214 does not reflect the award of the KDSM.
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 enlisted in the Regular Army on 12 February 1960 for a period of 3 years and training as a cook. He completed his basic training at Fort Hood, Texas and his advanced individual training at Fort Leonard Wood, Missouri before being transferred to Korea on 18 February 1961.
3. He served in Korea until 1 May 1962 when he was transferred to Fort Polk, Louisiana where he remained until he was honorably released from active duty (REFRAD) on 11 February 1963 due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Expert Marksmanship Badge with M-1 Carbine Bar. He had served 3 years of total active service.
4. A review of his official records shows no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM). Additionally, he had excellent conduct and efficiency ratings throughout his service.
5. 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 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.
6. Army Regulation 600-8-22 (Military Awards) states the KDSM 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.
7. Army Regulation 600-8-22 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during qualifying periods for award of the NDSM and the KDSM and is entitled to have those awards added to his DD Form 214.
2. The applicant had "excellent" character and efficiency ratings throughout his service and there is no evidence of any derogatory information that would serve to disqualify him for award of the AGCM (1st award). Accordingly, he should be awarded the AGCM (1st award) for the period 12 February 1960 to 11 February 1963 and it should be added to his DD Form 214.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ 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 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 12 February 1960 to 11 February 1963
* adding the AGCM (1st award), NDSM, and KDSM to his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20140014943
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ABCMR Record of Proceedings (cont) AR20140014943
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