RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 February 2007
DOCKET NUMBER: AR20060009479
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.
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 he be awarded the Good Conduct Medal and the Korea Defense Service Medal.
2. The applicant states the unit clerk inadvertently failed to issue an order for award of the Good Conduct Medal, and the Korea Defense Service Medal was not in existence at the time of his separation.
3. The applicant provides criteria for award of the Good Conduct Medal; transportation documents showing his travel to Korea; unit orders promoting him in Korea; and an extract of a Morning Report entry from Korea.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 5 January 1968. The application submitted in this case is dated 26 June 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 applicants failure to timely file.
3. The applicant served in the Regular Army from 6 January 1965 to 5 January 1968. He served in Korea from 21 June 1965 to 23 July 1966. He was honorably separated on 5 January 1968.
4. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Pistol Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
5. The applicant's record shows he received promotions to Sergeant (SGT/E05) and conduct and efficiency ratings of "Excellent." There are no records of misconduct in his file.
6. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides:
a. The Good Conduct Medal is awarded to individuals who have completed a qualified 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. The enlisted person must have had all excellent conduct and efficiency ratings and no convictions by a court-martial. Ratings of "Unknown" for portions of the period under consideration are not disqualifying. Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.
b. The Korea Defense Service Medal may be awarded 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's record shows he was an excellent Soldier. He rose to the rank of SGT in 3 short years and he received "Excellent" conduct and efficiency ratings throughout his service. He should have been awarded the Good Conduct Medal.
2. The applicant served in Korea and is entitled to award of the Korea Defense Service Medal.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 January 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 January 1968. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
__bje___ __lds___ __mjf___ 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 awarding him the Good Conduct Medal and the Korea Defense Service Medal and correcting his DD Form 214 to show these awards.
Barbara J. Ellis
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060009479
SUFFIX
RECON
DATE BOARDED
20070201
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0000
2.
3.
4.
5.
6.
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