BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015762 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015762 BOARD DETERMINATION/RECOMMENDATION: 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 4 May 1959 through 3 May 1962 and b. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Korea Defense Service Medal * National Defense Service Medal 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 amending his DD Form 214 to show his specific service in Korea. _____________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. BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015762 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 Army Good Conduct Medal and all other authorized awards for his service in Korea. He also requests correction of his DD Form 214 to show his service in Korea. 2. The applicant states he believes he may be entitled to the Army Good Conduct Medal and other citations for his service in Korea. He served in Korea and he should be issued a DD Form 215 (Correction to DD Form 214) reflecting this service. 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. The applicant enlisted in the Regular Army on 4 May 1959 for a period of 4 years. 3. His DA Form 24 (Service Record) shows: * he was absent without leave for 1 day on 13 April 1960 * he served in Korea from 1 February 1961 to 21 April 1962 * he received all “excellent” conduct and efficiency ratings throughout his service 4. On 7 May 1962, he was honorably released from active duty in the temporary rank of specialist four after completing 3 years and 3 days of creditable active service with 1 day of lost time. 5. His DD Form 214 shows he was awarded or authorized the: * Expert Marksmanship Qualification Badge with Bayonet Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge 6. His DD Form 214 does not show his duty assignment in Korea. However, item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 1 year, 3 months, and 25 days of foreign service. 7. There is no evidence indicating he was awarded the Army Good Conduct Medal. There also is no evidence of a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. Ratings of “unknown” for portions of the period under consideration were not disqualifying. 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 general orders. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Korea Defense Service Medal 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. b. The National Defense Service Medal 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. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated to ensure that all information entered on the DD Form 214 is accurate. All available records would be used as a basis for the preparation of the DD Form 214a (Worksheet), including the DA Form 24, DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. The specific instructions for items 24c (Foreign and/or Sea Service) stated to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214. There was no provision for entering the foreign service location. DISCUSSION: 1. The applicant was honorably released from active duty in the temporary rank of specialist four with over 3 years of active service. Although he had 1 day of lost time on 13 April 1960, his records contain no evidence of a court-martial and he received all "excellent" conduct and efficiency ratings throughout his service. It appears he met the eligibility criteria for the for the first award of the Army Good Conduct Medal for the period 4 May 1959 through 3 May 1962 based on completion of 3 years of qualifying service. 2. Based on his assignment in Korea, he served a qualifying period for award of the Korea Defense Service Medal. His DD Form 214 does not show this medal. 3. He served a qualifying period for award of the National Defense Service Medal. His DD Form 214 does not show this medal. 4. There is no provision to show duty assignments on the DD Form 214 other than the last duty assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015762 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015762 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2