RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060007568 


	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.



Director



Analyst


The following members, a quorum, were present:




Chairperson


Member


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, that he be awarded the Good Conduct Medal and the Republic of Korea – Korean War Service Medal. 

2.  The applicant essentially states that he qualified for the Good Conduct Medal, but never received it. 

3.  The applicant provides his DD Form 214 (Report of Separation From the Armed Forces of the United States) in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
22 March 1955, the date of his release from active duty.  The application submitted in this case is dated 18 May 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 records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is estimated that 80 percent of the records of Army personnel discharged between 1 November 1912 and 1 January 1960 were destroyed, and it is believed that the applicant’s records were lost or destroyed in that fire.  This case is being considered using the DD Form 214 provided by the applicant.

4.  The applicant’s DD Form 214 shows that he was inducted into the Army of the United States on 6 April 1953.  After completing basic and advanced individual training, it appears that he spent the majority of his active duty service in Korea, serving with Headquarters Battery, 8th Field Artillery Battalion.  On 22 March 1955, he was honorably released from active duty.  This document also shows that he served 1 year, 6 months, and 5 days of foreign and/or sea service.  It also shows that he was awarded the National Defense Service Medal, the Korean Service Medal, and the United Nations Service Medal.
5.  The applicant requested that he be awarded the Good Conduct Medal.  However, a fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973, and it is believed that the applicant’s records were lost in that fire.  Since sufficient records to determine exactly what happened regarding any recommendation for award of the Good Conduct Medal are not available, it is impossible to make a fair, impartial and equitable determination whether or not the applicant should be awarded the Good Conduct Medal. 

6.  The applicant also requested that he be awarded the Republic of Korea – Korean War Service Medal.  Although the applicant’s DD Form 214 shows that he served on active duty from 6 April 1953 to 22 March 1955, and that he served 1 year, 6 months, and 5 days of foreign and/or sea service, his exact dates of service in Korea could not be established.  However, based upon the applicant entering active duty on 6 April 1953, and the time required to complete basic and advanced individual training, it does not appear that the applicant could have served in Korea for 30 consecutive days by 27 July 1953, the ending date for qualifying purposes for award of the Republic of Korea – Korea War Service Medal.

7.  During a review of the applicant’s records, it was determined that he is entitled to an additional award that is not shown on his DD Form 214.

8.  Although his exact service dates in Korea could not be established, it is reasonable to presume that he served 30 consecutive days in Korea between 
28 July 1954 and 22 March 1955 for qualifying purposes for award of the Korea Defense Service Medal.  

9.  Army Regulation 672-5-1(Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

10.  Army Regulation 600-8-22 (Military Awards), provides that the Republic of Korea – Korean War Service Medal was approved for acceptance and wear by veterans of the Korea War on 20 August 1999.  It is awarded to members of the Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed while on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

11.  Army Regulation 600-8-22 also provides, in pertinent part, that the Korea Defense Service Medal was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for award to member of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  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.  The period of eligibility is 
28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Good Conduct Medal and the Republic of Korea – Korean War Service Medal. 

2.  As sufficient records to determine exactly what happened regarding any recommendation for award of the Good Conduct Medal are not available, it is impossible to make a fair, impartial and equitable determination whether or not the applicant should be awarded the Good Conduct Medal.  Regrettably, and in view of the foregoing, there is insufficient basis for awarding the Good Conduct Medal to the applicant in this case.

3.  Although the applicant requested that he be awarded the Republic of Korea – Korean War Service Medal, it does not appear that the applicant could have served in Korea for 30 consecutive days by 27 July 1953, the ending date for qualifying purposes for award of the Republic of Korea – Korea War Service Medal.  Therefore, there is insufficient basis for awarding the Republic of Korea – Korean War Service Medal to the applicant in this case.

4.  Although the applicant’s exact service dates in Korea could not be established, based on the fact that he spent over 1 year and 6 months of his 
1 year, 11 months, and 17 day active duty career in Korea, it is reasonable to 
presume that he served 30 or more consecutive days in Korea between 28 July 1954 and 22 March 1955.  Therefore, he is entitled to award of the Korea Defense Service Medal, and correction of his military records to show the award of the Korea Defense Service Medal.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 March 1955; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
21 March 1958.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___JM___  __QS ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by awarding him the Korea Defense Service Medal.




_____  Mark Manning_______
          CHAIRPERSON




INDEX

CASE ID
AR20060007568
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH ADMIN NOTE
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0056.0000
2.
107.0142.0000
3.
107.0141.0000
4.
110.0400.0000
5.

6.