IN THE CASE OF: BOARD DATE: 20 August 2021 DOCKET NUMBER: AR20210007696 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from Active Duty), for the period ending on 12 July 1974, to show the awards earned after his discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 20 (Enlisted Qualification Record) * two DD Forms 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he earned these three (unnamed) awards after his honorable service was completed. Currently these awards are eligible to be shown on his 1974 DD Form 214. 3. The applicant provides his: * DA Form 20, dated 22 March 1974 * two DD Forms 214, for the periods from 19 January 1968 to 5 November 1970 and from 6 November 1970 to 12 July 1974 4. Review of the applicant’s service records show: a. He enlisted in the Regular Army (RA) on19 January 1968, for 4 years. He held military occupational specialty (MOS) 26D (Ground Control Radio Repairman). b. His DA Form 20 shows in: * Item 31 (Foreign Service) – he served in Korea from 2 April 1969 to 12 December 19705 December 1967 to 4 April 1969 * Item 38 (Record of Assignments) – he received excellent conduct and efficiency ratings from 9 January 1968 to 5 November 1970 c. He was honorably discharged on 5 November 1970, for the purpose of his immediate reenlistment. His DD Form 214 shows he completed 2 years, 9 months, and 17 days of net active service, including 1 year, 7 months, and 4 days of foreign service in Korea. This form also shows he was awarded/authorized the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). d. He reenlisted in the RA on 6 November 1970, for 6 years, and continued to hold MOS 26D. He served in Germany from 7 February to on or about 11 April 1974. e. His DA Form 20 also shows in: * Item 38 – he received excellent conduct and efficiency ratings from 18 January 1971 to 28 August 1972 * Item 41 (Awards and Decorations) – the: * National Defense Service Medal * Armed Forces Expeditionary Medal (Korea) * two Service Stripes * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) f. He was honorably discharged, in pay grade E-5, on 12 July 1974. His DD Form 214 shows he completed 6 years, 5 months, and 24 days of total active service, including 3 months and 4 days of foreign service. This form also shows he was awarded/authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Armed Forces Expeditionary Medal (Korea) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) g. His records do not contain derogatory information such as lost time or a court- martial, or orders awarding him the Army Good Conduct Medal (1st Award). 5. By regulations: a. AR 600-8-22 (Military Awards), the Korea Defense Service Medal is awarded to Soldiers who have served on active duty in support of the defense of the Republic of Korea, from 28 July 1954 to a date to be determined by the Secretary of Defense. b. AR 672-5-1 (Awards), the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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. There must have been no convictions by a court-martial. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that some relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant did not state the three specific awards he is requesting for addition to his DD Form 214. However, based upon a preponderance of the evidence, the Board agreed there is sufficient evidence that shows the applicant should be awarded the Army Good Conduct Medal (1st Award) and (2nd Award) for his service, and the Korea Defense Service Medal for service in Korea. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 19 January 1968 through 18 January 1971, and the Army Good Conduct Medal (2nd Award) for exemplary service from 19 January 1971 through 18 January 1974; and a. adding to his DD Form 214 for the period ending 5 November 1970 the Korea Defense Service Medal; and b. adding to his DD Form 214 for the period ending 12 July 1974 the Army Good Conduct Medal (2nd Award) and the 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 additional awards. 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. REFERENCES: 1. Title 10, U.S. Code (USC), 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. 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. AR 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 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. There must have been no convictions by a court-martial. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007696 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1