RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20050005196


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 award of the Good Conduct Medal and the Korea
Defense Service Medal.

2.  The applicant states he never received either medal and that he had a
clean record of three years of active service.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 September 1969, the date of his separation from active
duty.  The application submitted in this case is dated 8 March 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.  The applicant’s record shows he enlisted in the Regular Army on
22 September 1966 for a period of three years.  He was trained in, awarded
and served in military occupational specialty (MOS) 11E20 (Armor Crewman).
The highest rank he attained while serving on active duty was specialist
five/pay grade E-5.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows the
applicant served in Korea during the period 25 March 1967 through 16 April
1968 and that he was assigned to Company C, 2nd Battalion, 72nd Armor,
performing duties in MOS 11E20 as a tank driver.

5.  The applicant's DA Form 20 shows that his conduct and efficiency were
rated as "excellent".


6.  On 19 September 1969, the applicant was honorably separated after
completing 2 years, 11 months and 28 days of creditable active military
service.  The DD Form 214 he was issued does not show he was awarded the
Good Conduct Medal or the Korea Defense Service Medal.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  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.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

8.  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.  The applicant contends he is entitled to award of the Good Conduct
Medal and the Korea Defense Service Medal.

2.  Records show the applicant completed a qualifying period of service for
award of the Good Conduct Medal and that his overall service was rated as
excellent.  Therefore, he is entitled to correction of his records to show
the first award of the Good Conduct Medal.

3.  Records show the applicant served in Korea during a qualifying period
for award of the Korea Defense Service Medal.  Therefore, he is entitled to
correction of his records to show award of the Korea Defense Service Medal.


4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 September 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 September 1972.  The applicant did not file within
the 3-year statute of limitations.  However there is sufficient evidence to
show it would be in the interest of justice to excuse failure to timely
file in this case.

BOARD VOTE:

__CAK__  __JNS__  _ENA____  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 by showing award of the Good Conduct
Medal and the Korea Defense Service Medal.




                                __John N. Slone_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005196                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050915                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0056.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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