ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 September 2019 DOCKET NUMBER: AR20170013564 APPLICANT REQUESTS: The applicant request correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show: * award of the Army Good Conduct Medal, National Defense Service Medal and any other entitled awards * award of the Alaska shoulder patch APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 22 June 2017 * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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 his service in Alaska was considered overseas duty and Alaska was not a state of the Union at the time. He also indicated his records were in error because of the timing of his service with the ending of the hostilities in Korea and fire in July 1973. 3. The applicant's military records are not available for review. The National Personnel Records Center advised that a fire occurred at the Center on 12 July 1973 and the applicant's records were damaged in the fire. The case is being considered using the DD Form 214 provided by the applicant. 4. Review of the available service records shows: a. The applicant enlisted in the Regular Army on 20 June 1949 for a period of 3- years. b. On 18 November 1952, he was honorably discharged in the temporary rank of corporal. His DD Form 214 shows he completed 3 years, 4 months, and 29 days of active service and he had 1 year, 11 months, and 19 days of foreign and/or sea service. His DD Form 214 also shows in: * item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – None * item 28 (Most Significant Duty Assignment) – 165th Operations Detachment, Anti-Aircraft Artillery Regional Training Center 5. There is no evidence of record to determine the location of the applicant's overseas service or his conduct while he was on active duty. 6. By regulation (AR 600-8-22), 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. The applicant served a qualifying period of service for award of the National Defense Service Medal. 7. By regulation (AR 670-1), the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch" is an item of clothing. It is not an award or decoration; and is not shown on the DD Form 214. 8. By regulation (600-68 (Good Conduct Medal), in effect at the time, 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, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war. The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.” The fact that an enlisted man was recommended for or received an Army Good Conduct Medal or clasp would be noted under “remarks” of the discharge certificate. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the applicant should be awarded the Army Good Conduct Medal and the National Defense Service Medal based upon his service during the Korean War era. However, based upon the regulatory guidance as to what information is proper for including on the DD Form 214, the Board concluded that the Alaska shoulder patch is not a proper award or decoration to be included on the form. 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Army Good Conduct Medal and the National 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 Alaska shoulder patch. 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, 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 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 600-68 (Good Conduct Medal), 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 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war. The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.” The fact that an enlisted man was recommended for or received an Army Good Conduct Medal or clasp would be noted under “remarks” of the discharge certificate. 3. Army Regulation 600-8-22 (Military Awards), currently in effect, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. b. 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. 4. Army Regulation 670-1 (Uniforms and Insignia – Wear and Appearance of Army Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch." The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service. The shoulder sleeve insignia is not an award or decoration; therefore, it will not be shown on the DD Form 214. ABCMR Record of Proceedings (cont) AR20170013564 3 1