IN THE CASE OF:	  

		BOARD DATE:	  21 May 2015

		DOCKET NUMBER:  AR20140016031 


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 properly show all of his overseas service in item 24c (Foreign and/or Sea Service) in effect, that he served  2 years, 4 months, and 20 days of total overseas service.

2.  He states that he served two tours of overseas duty.  He served in Korea for 13 months from 2 July 1963 to 19 July 1964 and in Alaska for 1 year, 3 months, and 20 days from 21 August 1964 to 10 December 1965.  His DD Form 214 erroneously shows that he only served a total of 1 year, 3 months, and 17 days.

3.  He provides a:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Letter from the National Personnel Records Center, Military Personnel Records, St. Louis, MO, dated 16 December 2009

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 5 February 1963.  He completed training in military occupational specialty (MOS) 11F (Operations and Intelligence).

3.  His record contains United States Army Arctic Test Center (USAATC), Special Orders Number 95, dated 23 April 1969, which show he was awarded the Driver and Mechanic Badge.

4.  His DA Form 20 shows in:

	a.  item 29 (Qualification in Arms), he qualified as an expert with the M-1 Rifle on 18 March 1963;

	b.  item 31 (Foreign Service), he served in Korea from 2 July 1963 through 19 July 1964, a period of 1 year and 18 days.  He also served in Alaska from 21 August 1964 through 7 December 1965, a period of 1 year, 4 months, and 9 days; for a total period of 2 years, 4 months, and 27 days;

	c.  item 38 (Record of Assignments), he was assigned to the 5th Cavalry Regiment in Korea and the USAATC in Alaska; and

	d.  item 41 (Awards and Decorations), he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and the Driver and Mechanic Badge.

5.  He was honorably released from active duty (REFRAD) on 10 December 1965 as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 10 months, and 6 days of total active service.

6.  The DD Form 214 issued to him at the time of his REFRAD shows in:

	a.  item 24c, his most recent overseas service was in the U.S. Army-Alaska theater of operations.  It also shows that he served a total of 1 year, 3 months, and 17 days of foreign and/or sea service; and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows the entry "None."

7.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  The applicant provides a letter from the National Personnel Records Center, Military Personnel Records, St. Louis, MO, dated 16 December 2009, which shows they authorized shipment of the Korea Defense Service Medal to him.

9.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the 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.

	b.  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.  

	c.  Army Regulation 672-5-1 (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.

	d.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it stated that:

		(1)  total active duty service outside the continental limits of the United States (OCONUS) successfully completed by enlisted personnel during the period covered by the DD Form 214 would be entered in item 24c along with the last oversea theater where service was performed; and



		(2)  decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized would be entered in item 24.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows the applicant completed a qualifying period of service in Korea for the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award and the 1 year and 18 days of service that he completed in Korea.

2.  The evidence of record clearly shows the applicant completed a qualifying period of service for the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Evidence shows the applicant was awarded the Driver and Mechanic Badge and the Expert Marksmanship Qualification Badge with Rifle Bar (M-1).  Therefore, he is entitled to correction of his DD Form 214 to show award of these badges.

4.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 5 February 1963 through 10 December 1965 and to correct 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:

1.  The Board determined the evidence presented is sufficient to warrant  recommendation for relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by amending his DD Form 214 in the following manner:
	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 5 February 1963 through 10 December 1965;

	b.  deleting the entry "1  3  17" from item 24c and replacing it with the entry
"2  4  27"; and 

	c.  adding to item 24 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Driver and Mechanic Badge



      ____________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)                                         AR20140016031





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ABCMR Record of Proceedings (cont)                                         AR20140016031



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