IN THE CASE OF: BOARD DATE: 2 July 2013 DOCKET NUMBER: AR20120022407 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 record to show the Korea Defense Service Medal (KDSM) and Army Good Conduct Medal (AGCM). 2. He states the KDSM was created in 2004 and made retroactive to 1954. He also believes he earned the AGCM. 3. He provides: * Honorable Discharge Certificate * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * A clipping from an unidentified source describing the KDSM 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. On 15 January 1960, the applicant enlisted in the Regular Army. 3. On 9 March 1960, Headquarters, 1st Training Regiment, Fort Jackson, SC, issued Special Orders Number 27 awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar. 4. His DA Form 24 (Service Record) shows in: * Section 4 (Chronological Record of Military Service), he received all "excellent" conduct and efficiency ratings * Section 5 (Service Outside Continental United States), he arrived in Korea on 1 September 1961 and departed on 16 October 1962 5. His record is void of documentation showing he was the subject of disciplinary action during his Army service. 6. On 2 November 1962, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4. His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar. 7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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. There must have been no convictions by a court-martial. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The National Defense Service Medal (NDSM) was awarded for honorable active service for any period between 1 January 1961 and 14 August 1974. b. The KDSM 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 evidence of record supports the applicant's request for correction of his record to show the KDSM and AGCM (1st Award). 2. His conduct and efficiency ratings were "excellent," he was promoted to SP4/E-4, and there is no record of disciplinary action taken against him. In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 15 January 1960 to 2 November 1962 and to correct his DD Form 214 to show this award. 3. Based on his service in Korea, he is entitled to the KDSM and correction of his DD Form 214 to show this award. 4. He served during a period of eligibility for the NDSM. He is entitled to correction of his DD Form 214 to show this award. 5. He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. He is entitled to correction of his DD Form 214 to show this badge. 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: a. awarding him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 15 January 1960 to 2 November 1962; and b. adding the following awards to his DD Form 214: * AGCM (1st Award) * NDSM * KDSM * Marksman Marksmanship Qualification Badge with Rifle Bar _______ _ 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) AR20120022407 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120022407 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1