AR20150009147

IN THE CASE OF:

BOARD DATE: 24 March 2016

DOCKET NUMBER: AR20150009147

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) to show his foreign service in Korea and award of the Armed Forces Expeditionary Medal.

2. The applicant states his DD Form 214 does not show his foreign 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 was inducted into the Army of the United States on 18 March 1958. He held military occupational specialty 140.00 (Field Artillery Basic).

3. Special Orders (SO) Number 56, issued by Headquarters, 3rd Training Regiment, Fort Knox, KY awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

4. He served in Korea, U.S. Army Pacific (USARPAC), from 23 August 1958 to 18 September 1959, a period of 1 year and 26 days.

5. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 17 March 1960. His DD Form 214 shows he completed
2 years of active service with no lost time. It also shows in:

* Item, 24c (Foreign Service), completion of 1 year and 26 days, but the major overseas command is not listed
* Item 26 (Decorations, Medals Badges, Commendations and Citations Awarded or Authorized), none is listed

6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the following awards:

a. The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30�consecutive or 60�nonconsecutive days provided this support involved entering the area of operations. Qualifying service for this award includes participation in Korea from 1�October 1966 to 30�June 1974.

b. 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 from 28�July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30�consecutive or for 60�nonconsecutive days.

7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD�Form�214. The DD�Form�214 is a summary of a Soldier’s most recent period of continuous active service. Chapter�2 of Army Regulation 635-5 contains guidance on the preparation of the DD�Form�214.

* item 24c, for enlisted Soldiers, enter the total period of foreign service during the current tour of duty and the major overseas command
* item 26, from the DA Form 20 (Enlisted Qualification Record), enter all decorations, service medals, campaign credit, and badges awarded or authorized, omitting authorities

8. A review of the applicant’s records shows no derogatory information such as lost time, conviction by a court-martial, or serious misconduct which would have disqualified him from receiving his first award of the Army Good Conduct Medal. Additionally, section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received excellent conduct and efficiency ratings throughout his military service.

9. Army Regulation 672-5-1 (Decorations and 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 the 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.

DISCUSSION AND CONCLUSIONS:

1. The applicant served in Korea, which is located in the USARPAC area of responsibility, from 23 August 1958 to 18 September 1959, a period of 1 year and 26 days. His foreign service is listed in item 24c of his DD Form 214, albeit without the major overseas command. There was no requirement to list each country individually on the DD Form 214 at the time.

2. His service in Korea from 23 August 1958 to 18 September 1959 is not a qualifying period for award of the Armed Forces Expeditionary Medal. However, he served during a qualifying period of service for award of the Korea Defense Service Medal. This will also serve to satisfy his desire to confirm that he served in Korea.

3. SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1). This badge is not listed on his DD Form 214.

4. He served honorably during the period 18 March 1958 through 17 March 1960. He attained the rank/grade of SP4/E-4 and had no lost time. He served a qualifying period of service and he received “excellent” conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander’s disqualification. It appears he met the criteria for award of the Army Good Conduct Medal (1st�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:

* awarding him the Army Good Conduct Medal (1st�Award) for the period 18�March 1958 through 17 March 1960
* adding to item 24c the entry “USARPAC”
* adding to item�26 of his DD�Form�214 the Army Good Conduct Medal (1st�Award), Korea Defense Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)

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 listing his dates of service in Korea and award of the Armed Forces Expeditionary 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) AR20150009147

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont) AR20150009147

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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