IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005808 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 (Report of Separation from Active Duty) to show in: * Item 11 (Last Duty Assignment and Major Command) – Battery A, 2nd Battalion, 61st Air Defense Artillery (ADA) Regiment * Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the Korea Defense Service Medal 2. The applicant states, in effect, his DD Form 214 needs to be corrected. 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 28 June 1973 and he held military occupational specialty 64C (motor transportation operator). 3. On 25 November 1974, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for failing to obey a lawful order. 4. He served in Korea from 30 January 1975 through 25 June 1976. He was assigned to Battery A, 2nd Battalion, 61st ADA Regiment, 2nd Infantry Division. 5. On 20 June 1975, he accepted NJP under Article 15, UCMJ, for behaving with disrespect in language towards his superior commissioned and noncommissioned officers, willfully disobeying a lawful order, and being drunk and disorderly in public. His punishment included a suspended reduction to pay grade E-3, a forfeiture of $100.00 pay for 1 month, and 14 days of restriction and extra duty. 6. He received excellent, outstanding, and superior efficiency ratings from 1974 through 1976. 7. He was honorably released from active duty in pay grade E-4 on 28 June 1976. He was credited with completing 3 years and 1 day of net active service and no time lost. His DD Form 214 lists in: * Item 10 (Reenlistment Code (RE)) – RE-1, indicating he was eligible for reenlistment * Item 11 – Battery A, 2/60 ADA * Item 26 – the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar 8. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) lists the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar. 9. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 11 – would list the last duty assignment and major command * Item 26 – would list all awards for all periods of service 10. There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states the: a. 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. Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. 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 AND CONCLUSIONS: 1. The applicant completed a qualifying period of service for award of the Korea Defense Service Medal. His last duty assignment and major command was Battery A, 2nd Battalion, 61st ADA Regiment. His DD Form 214 does not list the 61st ADA Regiment and the Korea Defense Service Medal. 2. He completed 3 years and 1 day of honorable service. He attained pay grade E-4; completed an overseas tour; received excellent, outstanding, and superior efficiency ratings from 1974 through 1976; and was determined to be eligible for reenlistment. There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service. It appears there is sufficient evidence to support award of the Army Good Conduct Medal (1st Award) for his period of service from 28 June 1973 through 27 June 1976 and its addition to his DD Form 214. BOARD VOTE: ____x___ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * awarding him the Army Good Conduct Medal (1st Award) for the period of service from 28 June 1973 through 27 June 1976 * deleting from item 11 of his DD Form 214 the entry, "Battery A, 2/60 ADA" replacing it with the entry, "Battery A, 2/61 ADA" * adding to this form the 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. ABCMR Record of Proceedings (cont) AR20150005808 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005808 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1