BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160002478 BOARD VOTE: ___x______ __x_____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160002478 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 22 August 1968 to 20 August 1971 and b. adding to his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal (1st Award), and 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. BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160002478 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 Army Commendation Medal (ARCOM). He also requests award of the Army Good Conduct Medal (AGCM). 2. The applicant states he received the ARCOM on the same day that he received his DD Form 214. There would not have been time for the award to be added to his DD Form 214 before he separated. He also believes he completed sufficient service to be eligible for the AGCM. 3. The applicant provides: * DD Form 214 * ARCOM Citation * ARCOM Certificate dated 20 August 1971 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 August 1968, the applicant enlisted in the Regular Army and was trained as a helicopter repairman. 3. In March 1969, the applicant was assigned for duty in the Republic of Korea. After completing a 13 month overseas tour, he was reassigned to Fort Hood, Texas, in May 1970. 4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that, where recorded, he received "excellent" conduct and efficiency ratings. His record contains no evidence of misconduct or poor duty performance that would have served as a basis for denying him award of the AGCM. 5. On 20 August 1971, the applicant was released from active duty. He had attained the rank of specialist five, pay grade E5 and had completed 2 years, 11 months and 29 days of creditable active duty service. His DD Form 214 lists the following awards and decorations: * National Defense Service Medal * Armed Forces Expeditionary Medal (Korea) * Aircraft Crewman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 6. A review of the applicant’s official military personnel file shows no orders for the ARCOM or AGCM. 7. The citation and certificate provided by the applicant indicate he was awarded the ARCOM for his meritorious service as a crew chief and maintenance supervisor while assigned to the 1st Cavalry Division at Fort Hood, Texas, from 20 May 1970 to 21 August 1971. The applicant did not provide a copy of the orders awarding him the ARCOM. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (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 Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 3. 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. 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. DISCUSSION: 1. The applicant’s military records do not contain orders announcing award of the ARCOM to him. He provides an ARCOM Certificate and Citation showing he received this award at the end of his assignment at Fort Hood and at the end of his active duty service. During this assignment, his conduct and efficiency were rated as "excellent." 2. There is nothing in the available records that indicates the applicant was ineligible for award of the AGCM. He has no record of indiscipline or poor duty performance, he achieved the rank of specialist five, and the length of his active duty service qualified award of the AGCM (1st Award). 3. The applicant completed a period of service in Korea making him eligible for the KDSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002478 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002478 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2