BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160003406 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: 3 August 2017 DOCKET NUMBER: AR20160003406 BOARD DETERMINATION/RECOMMENDATION: 1. 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 adding to his DD Form 214: * Army Good Conduct Medal (1st Award) * Korea 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 adding the Parachutist Badge to his DD Form 214. __________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: 3 August 2017 DOCKET NUMBER: AR20160003406 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 of Discharge) to show award of all citations and medals earned, to include the: * Korean Service Medal * Parachutist Badge * Army Good Conduct Medal 2. The applicant states his DD Form 214 does not show all of his awards and decorations. 3. The applicant provides: * photocopy of Korea Defense Service Medal * Airborne Course Certificate, dated 9 March 1962 * Headquarters, 428th Medical Battalion, General Orders (GO) Number 22, dated 13 August 1964 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 23 August 1961 for a period of 3 years. He completed initial entry training and was awarded military occupational specialty 910.00 (Medical Corpsman). 3. On 25 January 1962, he was assigned to the 42d Company (Airborne), 4th Battalion, The Student Brigade, Fort Benning, GA, for training. 4. On 9 March 1962, he successfully completed the Airborne Course. 5. Section 9 (Medals, Decorations, and Citations) of his DA Form 20 (Service Record) shows Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Special Orders Number 52 awarded him the Parachutist Badge effective 9 March 1962. 6. On 14 March 1962, he was assigned to Company D, 1st Airborne Battle Group, 325th Infantry Regiment, Fort Bragg, NC 7. He was further assigned to Korea from 1 June 1962 to 15 June 1963 with Headquarters Battery, 1st Cavalry Division Artillery. 8. His final assignment was with the 690th Medical Company, Fort Benning, GA, from 20 August 1962 to 25 August 1964. 9. He provided Headquarters, 428th Medical Battalion, GO Number 22, dated 13 August 1964, awarding him the Army Good Conduct Medal (1st Award) for the period 23 August 1961 to 25 August 1964. 10. Section 10 (Remarks) of his DA Form 20 shows award of the Parachutist Badge was revoked under the provisions of Army Regulation 672-5-1 (Awards). 11. He was released from active duty effective 25 August 1964. His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. A bronze service star is authorized for each designated campaign period. b. 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 area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet several criteria including: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility. 2. Army Regulation 672-5-1, paragraph 94b(2), in effect at the time, in reference to authorized wear of the Parachutist Badge states, "initiates, in his initial tour of airborne duty, action which results in termination of his airborne status prior to his completion of 18 consecutive months of airborne duty." 3. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) shows the Second Korean Winter period was from 28 November 1951 through 30 April 1952 and the Korean Summer-Fall 1952 was from 1 May through 30 November 1952. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends his records should show he was awarded the Army Good Conduct Medal (1st Award), Parachutist Badge, and Korean Service Medal. 2. Headquarters, 428th Medical Battalion, GO Number 22, dated 13 August 1964, awarded him the Army Good Conduct Medal (1st Award) for the period 23 August 1961 to 25 August 1964. His DD Form 214 does not show this award. 3. He served more than 30 consecutive days in Korea from 1 June 1962 to 15 June 1963. He did not serve a qualifying period for award of the Korean Service Medal. 4. However, he served a qualifying period for award of the Korea Defense Service Medal. His DD Form 214 does not show this medal. 5. Although the applicant completed the Airborne Course, he was not assigned to an airborne duty unit for the prescribed 18 consecutive months of airborne duty. Accordingly, his award of the Parachutist Badge was revoked. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003406 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003406 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2