IN THE CASE OF:  	  

		BOARD DATE:  15 October 2015	  

		DOCKET NUMBER:  AR20150004100


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 two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to:

   a.  show award of the:

* National Defense Service Medal (NDSM)
* Korea Defense Service Medal (KDSM)
* Armed Forces Expeditionary Medal (AFEM) for Korea
* Basic Missileman’s Badge

b.  remove the Korean Service Medal (KSM).

2.  The applicant states these awards were omitted from his DD Form 214.  He further implies that he did not serve during an authorized period for award of the KSM.

3.  The applicant provides copies of:

* Letter from the National Personnel Records Center, dated 12 August 2014
* Information sheet for the NDSM, printed 16 December 2014
* Information sheet for the KDSM, printed 16 December 2014
* Information sheet for the AFEM, printed 27 January 2015



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 4 January 1967, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 16E (Hawk Missile man).

3.  Special Orders Number 129, Fort Bliss, Texas, dated 9 May 1967 announced the applicant’s award of the Basic Missileman’s Badge.

4.  On 12 May 1967, the applicant departed Fort Bliss for duty in the Republic of Korea (ROK) where he was assigned to the 6th Battalion (HAWK), 44th Artillery Regiment.

5.  On 27 June 1968, the applicant departed the ROK for duty in Europe, where he was assigned to the 6th Battalion, 517th Artillery Regiment.

6.  On 7 December 1969, the applicant was honorably released from active duty.  He completed 2 years, 11 months, and 4 days of total active service.  The applicant's DD Form 214 shows his awards as:
   
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) for the period ending 7 December 1969 shows:

	a.  in Item 38 (Record of Assignments): all ?excellent? conduct and efficiency ratings.



   b.  in Item 41 (Awards and Decorations) the following medals and badges:

* NDSM
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Basic Missileman’s Badge

8.  On 15 December 1972, the applicant again enlisted in the Regular Army.  He retained the HAWK Missileman MOS.  He was assigned to Battery A, 2nd Battalion, 57th Air Defense Artillery located in the Federal Republic of Germany.

9.  On 24 August 1973, the applicant was discharged.  His DD Form 214 for this period of active duty service shows his awards as:

* NDSM
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* KSM

10.  Army Regulation 600-8-22 (Military Awards):

	a.  The KSM is awarded for qualifying service in the ROK theater of operations between 27 June 1950 and 27 July 1954.

	b.  The NDSM is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974.

	c.  The AFEM is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The AFEM is authorized for qualifying service in the ROK from 1 October 1966 to 30 June 1974.

	d.  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.  Service members of the armed forces must have served in the ROK during the period 28 July 1954 through a future date to be determined by the Secretary of Defense.  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.  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.
11.  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 two DD Forms 214 should be corrected by:

   a.  showing award of:

* NDSM
* KDSM
* AFEM for Korea
* Basic Missileman’s Badge

b.  removing the KSM.

2.  The applicant’s records clearly show that during his first period of active duty service, he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for this period of service was an oversight.  Accordingly, he should be awarded this medal and it should be shown on his first DD Form 214.

3.  Special orders show the applicant was awarded the Basic Missileman’s Badge in 1967.  Accordingly, this badge should be shown on his first DD Form 214. 

4.  The available evidence shows the applicant’s service in the ROK qualified him for award of the AFEM and the KDSM.  Therefore, these medals should be shown on his first DD Form 214.

5.  The evidence of record shows the NDSM was authorized for award during the applicant’s two qualifying periods of service.  This medal is shown on both of his DD Forms 214.  Because the NDSM is awarded only once during a qualifying period, the NDSM should not have been placed on his second DD Form 214.  However, this was a harmless error that does not warrant correction.

6.   The evidence of record shows that the applicant did not serve a qualifying period of service for award of the KSM.  Therefore, his request to remove this medal from his second DD Form 214 should be granted.

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 4 January 1967 to 7 December 1969;

	b.  adding to his DD Form 214 effective 7 December 1969:

* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal (Korea)
* Korea Defense Service Medal
* Basic Missileman’s Badge

c.  deleting from his DD Form 214 effective 24 August 1973 the KSM.


      ___________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)                                         AR20140000079



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ABCMR Record of Proceedings (cont)                                         AR20150004100



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