BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150001201
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 the:
* National Defense Service Medal (NDSM)
* Army Good Conduct Medal (AGCM)
* Korea Defense Service Medal (KDSM)
2. He states he does not know why the awards were overlooked, but he believes the error was due to a record keeping oversight.
3. He provides:
* Self-authored statement
* DD Form 214
* DA Form 137 (Installation Clearance Record), dated 28 February 1967
* Regulatory guidance for award of NDSM and KDSM
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 29 February 1964.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 31 (Foreign Service) he served in the Republic of Korea (ROK) from
22 May 1965 to 25 May 1966.
b. Item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his period of service.
4. There is no record of any Article 15s, courts-martial, or any type of adverse action in his available records.
5. He was honorably released from active duty on 28 February 1967 and credited with completing 3 years of active duty service.
6. His DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The NDSM 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. 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 ROK. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
8. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions. Therefore, it would be appropriate to award him the first award of the AGCM for the period 29 February 1964 to 28 February 1967 and correct his DD Form 214 to show this award.
2. He served in the ROK from 22 May 1965 to 25 May 1966. Therefore, he is entitled to the KDSM and correction of his records to show this award.
3. He honorably served during a qualifying period for award of the NDSM. Therefore, he is entitled to correction of 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:
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
29 February 1964 to 28 February 1967 and
b. adding to his DD Form 214 the:
* National Defense Service Medal
*
Army Good Conduct Medal
* 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) AR20150001201
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ABCMR Record of Proceedings (cont) AR20150001201
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