RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060014870 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Patrick H. McGann

Member

Ms. Karmin S. Jenkins

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 Good Conduct Medal and Korea Defense Service Medal.  He also requests, in effect, the accompanying Good Conduct Medal Certificate and medal set.

2.  The applicant states, in effect, that he served a total of 3 years on active duty, which qualifies him for award of the Good Conduct Medal and that he also learned in 2006 that he was eligible for 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), with an effective date of
30 June 1967.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 30 June 1967, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 13 October 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 Regular Army and entered active duty on 1 July 1964.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 62C (Engineer Missile Equipment Specialist) and later reclassified into MOS 11B (Light Weapons Infantryman).

4.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Korea from 6 December 1964 through 15 December 1965.  Item 38 (Record of Assignments) shows that the applicant was assigned to Battery A, 4th Missile Battalion, 44th Artillery in Korea, from 10 December 1964 through 14 December 1965.  Item 38 also shows, in pertinent part, that the applicant received conduct and efficiency ratings of "excellent" throughout the entire period of his military service.  Item 41 (Awards and Decorations) of the DA Form 20 shows that he was awarded the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Basic Qualification Badge with Missileman Bar, and the Drill Sergeant Identification Badge.

5.  There are no orders in the applicant’s military service records which show that he was awarded the Good Conduct Medal.  There also is no evidence in his records that shows he was disqualified for award of the Good Conduct Medal by his commander.

6.  The applicant's military service records contain a copy of his DD Form 214, issued at the time of his REFRAD.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  A review of the applicant's records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

8.  The applicant's records contain a copy of Headquarters, 4th Missile Battalion (Hercules), 44th Artillery (Korea), Special Orders Number 9, dated 12 January 1965, which shows that he was awarded the Basic Missileman Badge.

9.  The applicant's records contain a copy of Headquarters, Fort Polk, Fort Polk, Louisiana, Special Orders Number 330, dated 21 December 1966, which shows that he was awarded the Drill Sergeant Identification Badge.

10.  Army Regulation 600-8-22 Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  Basic marksmanship qualification badges are awarded to U.S. military and civilian personnel who qualify as prescribed.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.  An appropriate component bar is attached to the badge to denote each weapon with which he or she qualified.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Drill Sergeant Identification Badge upon successful completion of the Drill Sergeant Course and assignment as a drill sergeant to a training command.  The 
Commandant of the Drill Sergeant School will authorize the permanent wear of the badge to eligible personnel by memorandum.  Officers are authorized to wear this badge if it was permanently awarded to them while in an enlisted status.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary 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.  

13.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members 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 and period of eligibility are as follows:  (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) all air spaces above the land and water area.

The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility,  (2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or  (3)  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Good Conduct Medal and Korea Defense Service Medal because he served a total of 3 years 
on active duty, which qualifies him for award of the Good Conduct Medal and he also served in the Republic of Korea, which makes him eligible for award of the Korea Defense Service Medal.

2.  The evidence of record shows that the applicant is entitled to the first award of the Good Conduct Medal for the period 1 July 1964 through 30 June 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  Special Orders awarded the applicant the Basic Marksmanship Qualification Badge with Missile Bar.  Therefore, it would be appropriate to correct his records to show this badge.

4.  Special Orders awarded the applicant the Drill Sergeant Identification Badge.  Therefore, it would be appropriate to correct his records to show this badge.

5.  The evidence of record shows that the applicant is authorized the Korea Defense Service Medal.  Therefore, it would be appropriate to correct his records to show this foreign service medal.

6.  As a matter of information for the applicant, in accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 and, as a result, is not shown on a discharge document.  However, the applicant may submit an application for the certificate to the Commander, U.S. Army Human Resources Command, Cold War Recognition, 
Hoffman II, Attention: AHRC-CWRS, Suite 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Additional information is available on the Internet at: https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.  

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 June 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
29 June 1970.  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 for award of the Good Conduct Medal.

BOARD VOTE:

___KLW _  ___PHM_  ___KSJ__  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.  issuing a DA Form 4950 (Good Conduct Medal Certificate) and orders awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 1 July 1964 to 30 June 1967; and

	b.  correcting his DD Form 214 to add the Good Conduct Medal, Basic Marksman Marksmanship Qualification Badge with Missile Bar, Drill Sergeant Identification Badge, and the Korea Defense Service Medal.




____Kenneth L. Wright____
          CHAIRPERSON




INDEX

CASE ID
AR20060014870
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/10
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700630
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Expiration of Term of Service
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0056.0000
2.
107.0141.0000
3.

4.

5.

6.