IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002001
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) and Driver Badge-Wheeled (currently represented as the Driver and Mechanic Badge with Driver-W Bar).
2. The applicant states:
* the KDSM was authorized in 2004
* he was awarded the Driver and Mechanic Badge with Driver-W Bar in November 1972
3. The applicant provides:
* orders for service in Korea
* orders awarding him the "12 Months Safe Drivers Badge"
* 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 was inducted into the Army of the United States on 27 May 1971.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 17 October 1971 through 18 December 1972.
4. He provided Headquarters, 4th U.S. Army Missile Command, General Orders Number 14, dated 30 November 1972, awarding him the "12 Months Safe Drivers Badge" effective 27 November 1972.
5. On 19 December 1972, he was honorably released from active duty in the rank of specialist four after completing 1 year, 6 months, and 23 days of creditable active service with no lost time.
6. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
7. There is no evidence indicating he was awarded the Army Good Conduct Medal (AGCM). There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.
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; 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.
9. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served a qualifying period for award of the KDSM. His DD Form 214 should be corrected to show this medal.
2. Orders awarded him the Driver and Mechanic Badge with Driver-W Bar. Therefore, his DD Form 214 should be corrected to show this badge.
3. He was honorably released from active duty in the rank of specialist four with 18 months of total active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification. His records indicate he met the eligibility criteria for the first award of the AGCM for the period 27 May 1971 through 19 December 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. He should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected 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 the evidence presented is 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 27 May 1971 through 19 December 1972 and
b. adding the following awards to his DD Form 214:
* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Driver and Mechanic Badge with Driver-W 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) AR20150002001
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