RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      10 August 2006
      DOCKET NUMBER:  AR20050015927


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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, in effect, his award of the Good Conduct Medal
and the Korea Defense Service Medal.

2.  The applicant states that he was awarded the Good Conduct Medal and it
was never added to his discharge.  He feels he is entitled to the Good
Conduct Medal and also the Korea Defense Service Medal.  He was in the
service for close to 3 years and should have received the Good Conduct
Medal.  He spent one year in Korea, therefore he should receive the Korea
Defense Service Medal.

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 his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 January 1972, the date of his separation from active duty.
The application submitted in this case was received on 7 November 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 military records show that he enlisted in the Regular
Army, as a private, pay grade E-1, on 16 June 1969, for 3 years.  He
completed basic and advanced training in military occupational specialty
62E20, crawler tractor operator.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in Korea from 21 December 1969 to 19 January 1971 with the 833rd
Ordnance Company.  Item 41 (Awards and Decorations) shows that during his
active duty tenure, he earned the following awards:  the National Defense
Service Medal and the Armed Forces Expeditionary Medal (Korea).

5.  The applicant's records contain Special Orders Number 111, dated
29 July 1969, that list his name for award of the Marksman Marksmanship
Qualification Badge with Rifle Bar (M-16 Rifle) on 26 July 1969 and Special
Orders Number 260, dated 17 September 1969, that list his name for award of
the Expert Marksmanship Qualification Badge with Rifle Bar, M-14.

6.  The applicant's records also contain General Orders Number 26, dated
21 January 1972, that lists his name for award of the Good Conduct Medal
for the period of service from 16 June 1969 to 19 January 1972.

7.  He was honorably separated on 19 January 1972, in pay grade E-4 and
transferred to the United States Army Reserve (USAR) (Reinforcement).  He
was discharged from the USAR on 1 April 1975.

8.  Army Regulation 600-8-22, in pertinent part, 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.  After 27 June 1950 to the present time, the current
standard for award of the Good Conduct Medal is 3 years of qualifying
service, but as little as one year is required for the first award in those
cases when the period of service ends with the termination of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

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) 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.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant completed a qualifying
period of service for award of the Army Good Conduct Medal and was awarded
the medal on 21 January 1972.  Therefore, it would be appropriate to add
this award to his record at this time.

2.  The evidence of record also shows that the applicant completed a
qualifying period of service in Korea for award of the Korea Defense
Service Medal.

3.  The evidence of records further shows that the applicant was awarded
the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle)
and the Expert Marksmanship Qualification Badge with Rifle Bar, M-14.
Therefore, it would be appropriate to add these marksmanship qualification
badges to his separation document at this time.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 January 1972, the date of his
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 18 January
1975.  However, in view of the evidence in this case, it is appropriate to
excuse the failure to timely file.

BOARD VOTE:

__PMT__  __JBG___  _CLG___  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 that he was awarded the Good
Conduct Medal, the Korea Defense Service Medal, the Marksman Marksmanship
Qualification Badge with Rifle Bar (M-16 Rifle), and the Expert
Marksmanship Qualification Badge with Rifle Bar (M-14), and providing him a
correction to his separation document that includes these awards and
badges.




                            _____Curtis L. Greenway ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015972                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |107.0069                                |
|3.                      |107.0110                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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