RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        02 AUGUST 2005
      DOCKET NUMBER:  AR20040009813


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 1969 separation document be corrected
to reflect that he was separated in pay grade E-4, with a date of rank of 9
April 1969, and that he be awarded the Army Good Conduct Medal.

2.  The applicant states, in effect, that his rank is incorrect on his
separation document and his award of the Army Good Conduct Medal was
omitted.

3.  The applicant provides a copy of his separation document in support of
his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 November 1969.  The application submitted in this case
is dated
29 September 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant was inducted
and entered active duty on 11 April 1968.  In September 1968 the applicant
was assigned to Korea as a mortar carrier driver (11C).  By December 1968
he had been promoted to pay grade E-3 and on 9 April 1969 he was promoted
to pay grade E-4.  Orders confirming his permanent promotion to pay grade E-
4 were published by the 2nd Infantry Division.

4.  The applicant departed Korea in November 1969 and on 12 November 1969
he was released from active duty with an honorable characterization of
service.  His separation document indicates that he was released as a PFC
(private first class), pay grade E-3, with a date of rank of 1 December
1968.  The copy of the applicant’s separation document, which he provided
in support of his request, and the copies contained in his file, all
contain a hand written correction on the form showing that he was actually
discharged in the permanent grade of SP4 (specialist fourth class), pay
grade E-4, with a date of rank of 9 April 1969.
5.  Army Regulation 600-65 (later superseded by Army regulation 672-5-1),
in effect at the time, provided policy and criteria concerning service
medals.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings
must have been rated as "excellent" for the entire period of qualifying
service and there must have been no convictions by court-martial.

6.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.

7.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:  a) service members of the armed forces must have
served in support of the defense of the Republic of Korea from 28 July 1954
through a future date to be determined by the Secretary of Defense;  b) the
area of eligibility encompasses all land area of the Republic of Korea, and
the contiguous water out to 12 nautical miles, and all air spaces above the
land and water areas;  c) service members must have been mobilized with
units or assigned or attached to units operating in the area of eligibility
and have been physically deployed in the area of eligibility for 30
consecutive or 60 non-consecutive days.

8.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria;  a)
be engaged in actual combat during an armed engagement, regardless of the
time in the area of eligibility;  b) is wounded or injured in the line of
duty and requires medical evacuation from the area of eligibility;  c)
participates as a regularly assigned air crew member flying sorties for 30
consecutive days or 60 nonconsecutive days into, out of, within, or over
the area of eligibility in support of military operations; or  d) served in
operations and exercise conducted in the area of eligibility as long as the
basic time criteria is met.  The message further provided that, due to
extensive time period for the Korea Defense Service Medal eligibility, the
non-consecutive service period for eligibility remains cumulative
throughout the entire period.


DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was promoted to the permanent
grade of SP4, pay grade E-4, on 9 April 1969, and that he was separated in
that grade on 12 November 1969.  His separation document should be
corrected accordingly.

2.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 12 November 1969.  There is no evidence of any
misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 11 April 1968 through
12 November 1969.

3.  The evidence also confirms that the applicant served in Korea and meets
the eligibility criteria for award of the Korea Defense Service Medal.  His
records should be corrected to reflect that medal.

BOARD VOTE:

___WP__  ___RD __  __JM ___  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected:

      a.  by showing that he was separated in the permanent grade of SP4,
pay grade E-4, with a date of rank of 9 April 1969;








      b.  by awarding him the Army Good Conduct Medal for the period 11
      April
1968 through 12 November 1969; and

      c.  by showing that he is entitled to the Korea Defense Service Medal.






                            _____William Powers________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009813                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050802                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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