ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 April 2019 DOCKET NUMBER: AR20160018310 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Army Commendation Medal * Army Good Conduct Medal * Armed Forces Expeditionary Medal * Korea Defense Service Medal * Republic of Korean Presidential Unit Citation * Driver/Mechanic Badge – W (Wheeled Vehicle) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * memorandum, Headquarters, 1st Battalion, 31st Infantry, subject: Letter of Commendation, dated 25 May 1967 * memorandum, Headquarters and Headquarters Company, 1st Battalion, 31st Infantry, subject: Letter of Commendation, dated 29 May 1967 * Certificate of Meritorious Service, the Fighting Sixth, dated 25 May 1968 * DD Form 256A (Honorable Discharge Certificate), dated 17 July 1972 * DD Form 214 * page 81, "Leavenworth Papers Number 19 – Scenes from an Unfinished War: Low-Intensity Conflict in Korea 1966-1969" by Daniel P. Bolger FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 the only medal entered on his DD Form 214 was the National Defense Service Medal. He believes the medals which he was awarded were missing from his DD Form 214 because of the large number of Soldiers being discharged. When he was at his unit in South Korea, he was assigned to the battalion headquarters in the S-2 and S-3 sections with duty as a jeep driver and radiotelephone operator (RTO). 3. The applicant's request for the Armed Forces Expeditionary Medal, Korea Defense Service Medal, and Republic of Korea Presidential Unit Citation to be added to his DD Form 214 is supported by sufficient evidence in his record; therefore, the DD Form 214 will be administratively corrected and these awards will not be discussed further in this Record of Proceedings. The Board will consider his request for correction of his DD Form 214 to show: * Army Commendation Medal * Army Good Conduct Medal * Driver/Mechanic Badge (Wheeled Vehicle). 4. On 18 July 1966, the applicant was inducted into the Army of the United States. 5. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 31st Infantry Regiment, 7th Infantry Division, Korea, from 1 January 1967 through 21 December 1967. 6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he had all “excellent” conduct and efficiency ratings and shows his duty assignments in Korea: * 1 January 1967 through 16 June 1967, Light Truck Driver * 17 June 1967 through 12 July 1967, Operations Assistant * 13 July 1967 through 21 December 1967, Senior Radio Operator 7. He provided: a. A letter of commendation written by his company commander, dated 25 May 1967, expressing appreciation for his diligent and conscientious efforts while he was the S-3 driver. b. A letter of commendation written by his section commander, dated 29 May 1967, recognizing his service and a job well done in the S-3 section.. c. A certificate of meritorious service, dated 25 May 1968, awarded to him from the Headquarters Troop, 3d Squadron Commander, recognizing him for his service in helping to restore law and order in Washington, D.C., during the period 5 April 1968 through 13 April 1968. 8. He was honorably released from active duty on 17 July 1968. His DD Form 214 shows he was awarded the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 9. His military service record does not contain orders announcing award of the Army Commendation Medal to him. 10. His record shows no evidence indicating he was the subject of disciplinary action while he served on active duty. 11. Army Regulation 672-5-1 (Awards) provides: a. The Army Commendation Medal 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. b. 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 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. c. The Driver/Mechanic Badge criteria require assigned duty as a driver or assistant driver of Army vehicles for a minimum of 12 consecutive months. His records show he served as a light truck driver for 5 months and 16 days. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that partial relief was warranted. Based upon the documentary evidence provided by the applicant or found within his military service record, the Board concluded that the sufficient evidence was available to show that the applicant was eligible and should be awarded the Armed Forces Expeditionary Medal, the Korea Defense Service Medal, the Republic of Korea Presidential Unit Citation and the Army Good Conduct Medal based upon his service in the Republic of Korea. However, the Board also concluded that there was insufficient evidence to show that he was ever awarded or was eligible to receive the Army Commendation Medal or the Driver/Mechanic Badge – W. For that reason, the Board recommended denying that portion of the applicant’s request. 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 adding to his DD Form 214 the awards: * Armed Forces Expeditionary Medal * Korea Defense Service Medal * Republic of Korea Presidential Unit Citation * Army Good Conduct 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 Army Commendation Medal and the Driver/Mechanic Badge – W. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was authorized awards not shown on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 17 July 1968 by adding the Armed Forces Expeditionary Medal, Korea Defense Service Medal, and Republic of Korea Presidential Unit Citation. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 672-5-1 (Awards), in effect at the time, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual awards. a. The Army Commendation Medal 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. b. 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 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. c. The Driver and Mechanic Badge is awarded to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles. Component bars are authorized only for the following types of vehicles and/or qualifications: (1) Driver-W (for wheeled vehicles). (2) Driver-T (for tracked vehicles). (3) Driver-M (for motorcycles). (4) Driver-A (for amphibious vehicles). (5) Mechanic (for automotive or allied vehicles). d. Eligibility requirements for drivers. The individual must have: (1) qualified for and possess a current U.S. Government Motor Vehicle Operator's Identification Card (SF 46), issued as prescribed by AR 600-55; and (2) been assigned duty as a driver or assistant driver of Army vehicles for a minimum of 12 consecutive months, or during at least 8,000 miles and had no Army motor 20 June 1969 vehicle accident or traffic violation recorded on his Driver Qualification Record (DA Form 348); or (3) performed satisfactorily for a minimum period of 1 year as an active qualified driver instructor, or motor vehicle driver examiner. ABCMR Record of Proceedings (cont) AR20160018310 5 1