IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140021596
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 show award of the Korea Defense Service Medal (KDSM).
2. The applicant states he only recently found out about his eligibility for the KDSM.
3. The applicant provides a copy of 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. On 22 January 1970, the applicant enlisted in the Regular Army. He was trained as an aircraft electrician.
3. The applicant served in the ROK from on or about 23 September 1970 to
23 October 1971.
4. On 24 November 1971, the applicant was assigned to Fort Sill, Oklahoma.
5. Special Orders Number 56, Fort Sill, Oklahoma, dated 8 August 1972, announced the applicants award of the Expert Marksmanship Qualification Badge with Rifle Bar.
6. On 19 January 1973, the applicant was released from active duty. He had attained the rank of specialist five, pay grade E-5 and had completed 2 years,
11 months and 28 days of creditable active duty.
7. The applicant's DD Form 214, lists his awards as:
* National Defense Service Medal
* Armed Forces Expeditionary Medal
8. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were excellent. The applicants records do not contain any evidence of disciplinary action. There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.
9. Army Regulation 600-8-22 (Military Awards) provides for award of the KDSM. The KDSM was authorized by Section 543, National Defense Authorization Act, 2003. It 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 ROK. The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the ROK from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the ROK and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.
10. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends 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. Ratings of "unknown" for portions of the period under consideration are not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the KDSM.
2. Records show that the applicant served during a qualifying period in the ROK for award of the KDSM. Therefore, his records should be corrected to show this medal.
3. The applicants records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five, and achieving "excellent" conduct and efficiency ratings. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this medal.
4. Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore, his records should be corrected to show this badge.
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 22 January 1970 to 19 January 1973; and
b. adding to his DD Form 214 the
* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
__________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) AR20140021596
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ABCMR Record of Proceedings (cont) AR20140021596
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