RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050001162


      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:

|     |Ms. Shirley Powell                |     |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 correction of his records to show award of the
Army Commendation Medal.

2.  The applicant states the award was omitted from his separation
document.  He notes he has the pertinent papers.

3.  The applicant provides a copy of an Army Commendation Medal
recommendation, the proposed citation and completed citation, and a copy of
his award certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 May 1974.  The application submitted in this case is
dated
15 January 2005.

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 the applicant entered active
duty on 24 June 1971.  Following completion of training as a Memorial
Activities Specialist he was assigned to Fort Hood, Texas in November 1971.

4.  According to documents provided by the applicant, on 14 April 1973 his
unit commander initiated a recommendation that the applicant be awarded an
Army Commendation Medal for the period 30 November 1971 through 22 April
1973.  Included with the recommendation was a proposed citation and a
narrative description of the applicant's meritorious service during that
period.  The recommendation noted that if the award were approved it should
be forwarded to the applicant's new unit of assignment in Korea.




5.  Although the applicant's file does not contain a copy of orders
confirming the award, the certificate provided by the applicant indicates
the award was approved on 22 April 1973.  The certificate reflects the
signature of a colonel and the imprinted signature of Robert F. Froehlke
who was Secretary of the Army between 1 July 1971 and 14 May 1973.

6.  The applicant departed Fort Hood en route to Korea on 22 April 1973.
He returned to the United States in May 1974 and was released from active
duty, in pay grade E-4, on 28 May 1974.  His service was characterized as
honorable.  His separation document does not reflect award of the Army
Commendation Medal.

7.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

8.  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.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the applicant's available records awarding
him the Army Commendation Medal, his award certificate is signed by the
appropriate commander and reflects the imprinted signature of the correct
Army Secretary.  The period of service covered by the award coincides with
the applicant's dates of service at Fort Hood.  In the absence of orders,
or evidence to the contrary, the Board accepts the applicant’s award
certificate as authentication of entitlement to the Army Commendation Medal
and in the interest of justice concludes it would be appropriate to add the
award to his separation document.

2.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 28 May 1974.  There is no evidence his commander
ever disqualified him from receiving the award and 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 24 June 1971 through 28 May 1974.

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:

__SP ___  ___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 confirming his award of the Army Commendation Medal;


      b.  by awarding him the Army Good Conduct Medal; and


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





                            ______Shirley Powell_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001162                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050913                                |
|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.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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