RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 October 2005
      DOCKET NUMBER:  AR20050005557


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Jeanette R. 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 award of the Korea Defense Service Medal and the
Good Conduct Medal.

2.  The applicant states the award of the Good Conduct Medal was mistakenly
omitted at the time of his discharge.  He continues that the Korea Defense
Service Medal was authorized after he was discharged.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 June 1976, the date of his separation.  The application
submitted in this case is dated 29 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 enlisted in the Army on 8 June 1973 for a period of three
years. After completion of basic and advanced individual training, he was
awarded military occupational specialty 71B (Clerk Typist).  The applicant
was honorably separated on 7 June 1976.

4.  The applicant's DD Form 214 with the separation date of 7 June 1976
does not show award of the Korea Defense Service Medal or the Good Conduct
Medal.

5.  Item 5 (Overseas Service) of the applicant's service records contain DA
Form 2-1 (Personnel Qualification Record) which shows he served in Korea
for the period 22 November 1973 through 17 November 1974.

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

7.  A review of the applicant's service record shows no derogatory
information that would disqualify him for award of the Good Conduct Medal
(1st Award).

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.

9.  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 exercises 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.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Korea
Defense Service Medal and award of the Good Conduct Medal for his period of
active service 8 June 1973 through 7 June 1976.

2.  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.

3.  Evidence of record confirms that the applicant served honorably during
the period from 2 July 1987 through 1 July 1990.  Lacking any derogatory
information on file that would have disqualified him, it would be
appropriate to award the applicant the first award of the Good Conduct
Medal for the 3 year qualifying period from 2 July 1987 through 1 July
1990.  Therefore, he is entitled to correction of his records to show award
of the Good Conduct Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 June 1976; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 6 June 1979.  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:

_JBG___  __JTM___  _JRM___  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 Korea Defense
Service Medal and the Good Conduct Medal (1st Award).




                                _John T. Meixell___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005557                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051020                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.  102                 |107.0057/AGCM                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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