BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150005227 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), ending on 23 April 1965 to show: * Korea Defense Service Medal * National Defense Service Medal * Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Rifle Bar 2. The applicant states most of the medals were awarded after his discharge but made retroactive back to his dates of service. 3. The applicant provides 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's records show he enlisted in the Regular Army on 25 April 1962 and he held military occupational specialty 642.10 (Heave Vehicle Driver). 3. He served in Korea from 6 October 1962 to 7 October 1963. He was initially assigned to the 2nd Battalion, 17th Infantry, and then the 13th Engineer Battalion. 4. On 18 July 1964, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for being found sitting in a truck instead of walking. 5. Special Orders (SO) Number 161, issued by Headquarters, 4th Infantry Division, Fort Lewis, WA on 16 June 1964 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 6. He was honorably released from active duty in the rank of specialist four/E-4 on 23 April 1965. He was credited with completing 2 years, 11 months, and 29 days of active service with no lost time. His DD Form 214 does not list any awards or decorations. 7. Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his military service with the exception of "good" conduct and efficiency ratings while assigned to the 2nd Battalion, 17th Infantry in Korea. 8. Army Regulation 600-65 (Service Medals), 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than “excellent” entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by 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. 9. Army Regulation 600-8-22 (Military Awards) states: a. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. It may be awarded retroactively to personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. b. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. c. 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. d. The Korea Defense Service Medal 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. DISCUSSION AND CONCLUSIONS: 1. The applicant served on active duty (April 1962 to April 1965) during a qualifying period for award of the National Defense Service Medal which is not shown anywhere in his records. 2. The applicant served in Korea (October 1962 to October 1963) during a qualifying period for award of the Korea Defense Service Medal which is not shown anywhere in his records. 3. SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). This badge is not listed on his DD Form 214. 4. The Overseas Service Ribbon and Army Service Ribbon were both created in 1981. Both awards may be awarded retroactively provided the member had an active status after 1 August 1981. The applicant did not. He does not meet the criteria for these awards. 5. He completed 2 years, 11 months, and 29 days of active service from April 1962 to April 1965. The criteria for this award required the Soldier's conduct and efficiency ratings to be recorded as "excellent." The applicant had a "good" rating for both conduct and efficiency while in Korea. He does not meet the criteria for this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X______ __X______ __X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 the National Defense Service Medal, Korea Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 2. The Board further determined that 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 the Army Good Conduct Medal, Army Service Ribbon, and Overseas Service Ribbon. _______ _ 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) AR20150005227 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005227 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1