BOARD DATE: 9 July 2015 DOCKET NUMBER: AR20140020174 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 award of the Army Good Conduct Medal (AGCM). 2. The applicant states he completed 3 years of service during the Vietnam Era and the AGCM is not listed on his DD Form 214 (Report of Separation from Active Duty). 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 (RA) on 28 August 1972. Upon completion of initial entry training, he was awarded military occupational specialty 63H (Automotive Repairman). 3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the Republic of Korea (ROK) from 29 April 1973 to 24 April 1974. Item 29 (Qualification in Arms) of the applicant's DA Form 20 includes an entry which shows he qualified as a Marksman with the grenade. 4. Item 38 of the DA Form 20 shows the applicant received "excellent" conduct and efficiency ratings at each of his active duty assignments. His OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM. 5. On 27 August 1975, the applicant was honorably released from active duty, due to completion of required service. He completed 3 years of creditable active duty service. His DD Form 214 shows he earned the following: * National Defense Service Medal * Armed Forces Expeditionary Medal * Sharpshooter Marksmanship Qualification Badge with M-16 Rifle 6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. a. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Korea Defense Service Medal (KDSM). It states it is authorized to members of the Armed Forces of the United States who have served on active duty in support of the defense of the ROK from 28 July 1954 to a date to be determined. b. Chapter 4 of the awards regulation prescribes the policy for award of the AGCM. It states that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation in effect at the time of the applicant's separation stipulated that in order to qualify for the AGCM, a member must have had all "excellent" conduct and efficiency ratings. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show the AGCM. There is sufficient evidence to support granting the requested relief. 2. The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his active duty service. In addition, his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 28 August 1972 through 27 August 1975 and to correct his DD Form 214 to show this award. 3. The evidence of record confirms the applicant's Korean service from 29 April 1973 through 24 April 1974 authorizes him the KDSM. It also confirms he qualified "marksman" with the grenade. Neither the KDSM nor his weapon qualifications are currently listed on his DD Form 214. Accordingly, these entries should be added 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: a. awarding him the Army Good Conduct Medal (1st Award) for his qualifying period of honorable active duty service from 28 August 1972 through 27 August 1975; and b. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Korea Defense Service Medal * Marksman Marksmanship Qualification Badge with Grenade 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) AR20140020174 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140020174 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1