RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060004308


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, a second award of the Good Conduct
Medal and award of the Korea Defense Service Medal.

2.  The applicant states, in effect, that he completed enough time in
service to qualify for a second award of the Good Conduct Medal and he
served two overseas tours in the Republic of Korea, but was not awarded the
Korea Defense Service Medal.  He also states, in effect, that he is
currently serving as an officer in the U.S. Air Force and requests that his
military service records be corrected to accurately reflect the awards and
decorations he earned while serving in the U.S. Army.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 22 June
2000, and Headquarters, Air Force Personnel Center, Randolph Air Force
Base, Texas, memorandum, dated 7 March 2006, subject:  Official Proof of
Service Letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 June 2000, the date of his release from active duty with the
U.S. Army.  The application submitted in this case is dated 7 March 2006.

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 service records show that he enlisted in the
U.S. Army Reserve on 21 August 1993 and entered active duty in the Regular
Army on
23 June 1994.  Upon completion of basic combat training and advanced
individual training, the applicant was awarded military occupational
specialty (MOS) 67R (AH-64 Attack Helicopter Repairer).  The applicant's
military service records show that he was promoted to the rank of
sergeant/pay grade E-5 on
5 November 1999.

4.  The applicant's DD Form 214 shows that he was honorably released from
active duty on 22 June 2000.  Item 12 (Record of Service), block c (Net
Active Service This Period) shows that the applicant completed 6 years of
net active service during the period under review.  Item 12, block f
(Foreign Service) shows that he completed 2 years, 3 months, and 19 days of
foreign service during this period.  Item 29 (Dates of Time Lost During
This Period) contains the entry "None."  Item 13 (Decorations, Medals,
Badges, Citations and Campaign Ribbons Awarded or Authorized) of the
applicant's DD Form 214 shows he was awarded the Army Commendation Medal,
Army Achievement Medal (6th Award), Army Good Conduct Medal, National
Defense Service Medal, Noncommissioned Officer's Professional Development
Ribbon, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Expert
Marksmanship Qualification Badge with Rifle Bar, Aircraft Crew Member
Badge, Parachutist Badge, Driver and Mechanic Badge with Driver-W Bar, and
Army Lapel Button.

5.  The applicant's military service records contain a DA Form 2-1
(Personnel Qualification Record).  Item 5 (Overseas Service) of this
document shows that the applicant served two overseas service tours in the
Republic of Korea from
30 December 1994 through 28 December 1995 and from 18 February 1998 through
7 June 1999.

6.  The applicant's military service records contain a copy of
Headquarters,
U.S. Army Aviation Center and Fort Rucker, Fort Rucker, Alabama, Permanent
Order 009-11, dated 9 January 1998, which shows that the applicant was
awarded the Good Conduct Medal (1st Award) for exemplary behavior,
efficiency, and fidelity during the period 23 June 1994 to 22 June 1997.

7.  A review of the applicant's records reveals there is no record of
derogatory or adverse information on file in his military service records
or that the applicant was disqualified for award of the Good Conduct Medal.
 There is no evidence that the applicant was awarded a second award of the
Good Conduct Medal.

8.  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.


9.  The Korea Defense Service Medal is authorized to members of the Armed
Forces who have served on active duty in support of the defense of the
Republic of Korea from 28 July 1954 to a date to be determined.
Headquarters, U. S. Army Human Resources Command, Alexandria, Virginia,
message, dated
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, in effect, that he should be awarded a second
award of the Good Conduct Medal because he completed enough active duty
time in the U.S. Army to qualify for a second award of the Good Conduct
Medal.  He also contends he should be awarded the Korea Defense Service
Medal because he qualified for the award by serving two overseas tours in
the Republic of Korea.

2.  The evidence of record shows the applicant completed 6 continuous years
of active duty service during the period under review.  The evidence of
record also shows that the applicant was awarded the Good Conduct Medal
(1st Award) for the period 23 June 1994 through 22 June 1997.  In addition,
there is no record of derogatory or adverse information on file in his
military service records, the applicant was not disqualified for a second
award of the Good Conduct Medal, nor is there evidence that the applicant
was awarded a second award of the Good Conduct Medal.  In view of the
foregoing, the applicant is entitled to a second award of the Good Conduct
Medal for the period 23 June 1997 through 22 June 2000 based upon
completion of a second 3-year qualifying period of active duty enlisted
service during the period under review.  Therefore, the applicant is
entitled to correction of his records to show this award.

3.  Records show that, subsequent to 28 July 1954, the applicant served 2
years, 3 months, and 19 days in the Republic of Korea.  Therefore, the
applicant met the qualifying criteria for award of the Korea Defense
Service Medal and is entitled to correction of his records to show this
foreign service medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 June 2000; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
21 June 2003.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
for award of the Good Conduct Medal (2nd Award).

BOARD VOTE:

___CD___  __JLP___  ___RMN   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:

      a.  awarding the applicant the Good Conduct Medal (2nd Award) for
exemplary conduct, efficiency, and fidelity during the period 23 June 1997
through 22 June 2000; and

      b.  correcting his DD Form 214 to add the Good Conduct Medal
(2nd Award) and Korea Defense Service Medal.




                                       Carmen Duncan____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004308                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20000622                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0056.0000                           |
|2.                      |107.0070.####                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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