IN THE CASE OF:	   

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140018224


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Army Good Conduct Medal (AGCM), a ribbon for the completion of the Noncommissioned Officer (NCO) Academy, and a ribbon or medal for his service in Korea.

2.  The applicant states:

* He was told that at the end of his 3-year enlistment, he would receive an AGCM.
* He was told that [former] President Bush enacted a retroactive medal and ribbon honoring all veterans who had served in Korea.
* He graduated from the NCO Academy and should have received a ribbon for his successful completion of the school.
* He served in Korea from May 1968 through October 1969 in the 2nd Infantry Division.
* He is trying to pass on a legacy of his and his father's service achievements to encourage his grandchildren for possible service.

3.  The applicant provides:

* Honorable Discharge Certificate
* DD Form 214
* Special Orders Number 41 dated 18 February 1969
* Certificate of Graduation from the NCO Academy
* letter from the National Personnel Records Center dated 
23 September 2014

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.   On 23 February 1968, the applicant enlisted in the Regular Army.  After initial training he was awarded military occupational specialty 35K (Avionics Mechanic).

3.  Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, Special Orders Number 41, dated 18 February 1969, shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea from 30 May 1969 to 29 June 1970.

5.  On 26 October 1970, he was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 and transferred to the U.S. Army Reserve with 2 years, 8 months, and 4 days of net active service. 

6.  His DD Form 214 shows in:

* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) :

* National Defense Service Medal
* Armed Forces Expeditionary Medal (AFEM) (Korea)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

* Item 25 (Education and Training Completed): No entry for the NCO Academy
7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) states the NCO Professional Development Ribbon (NCOPDR) was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  Effective 30 March 1989, a service member will be awarded the NPDR with the numeral which identifies the highest level of NCOES successfully completed as follows:

* 1 = Bar Ribbon Device = Primary Level
* 2 = Basic Level
* 3 = Advanced Level
* 4 = Senior Level

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 is a summary of a Soldier’s most recent period of continuous active service.  It provides a brief, clear cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4 (Completing the DD Form 214) of this regulation stated for:

	a.  Item 24, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.

	b.  Item 25, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.



11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded, 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. 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 orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his missing awards has been carefully considered.

2.  The applicant served on active duty from 23 February 1968 to 26 October 1970 and was honorably released from active duty.  His record does not contain any derogatory information that would indicate his commander intended to deny him the AGCM.  He was promoted to SP5, and there is no record of any disciplinary action taken against him.  Therefore, based on his overall record of service it would be appropriate at this time to award him the AGCM (1st Award) for the period 23 February 1968 to 26 October 1970 and correct his final DD Form 214 to show this award.

3.  Special Orders in his official military personnel file (OMPF) show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The evidence of record shows he completed the NCO Academy.  His 
DD Form 214, for the period ending 26 October 1970, does not reflect completion of this course.  However, his record shows he received a Certificate of Graduation from the NCO Academy; therefore, he is entitled to correction of his DD Form 214, for the period ending 26 October 1970, to show completion of the NCO Academy in item 25 (Education and Training Completed).  However, the NCOPDR was not established by the Secretary of the Army until 10 April 1981, 11 years after the applicant was released from active duty service.  Therefore, since this award is not retroactive, he is not entitled to the NCOPDR. 

5.  The applicant served in Korea from 30 May 1969 to 29 June 1970; therefore, he is entitled to have his DD Form 214 corrected to show the Korea Defense Service Medal.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 reissuing his DD Form 214 for the period ending 26 October 1970 to show in:

* Item 24:

o AGCM
o KDSM
o Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

* Item 25 - NCO Academy

2.  The Board further determined 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 awarding him a ribbon for completion of the NCO Academy.



      _______ _   _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)                                         AR20140011907



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018224



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1