IN THE CASE OF:	  

	BOARD DATE:	  24 June 2008

	DOCKET NUMBER:  AR20080002987 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded all awards he is entitled to receive for his service in Korea from 1970 to 1971. 

2.  The applicant states, in effect, that he did not receive any awards for his service in Korea from 1970 to 1971. 

3.  The applicant provides a copy of his DD Form 214 and his 20-year letter. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted in Atlanta, Georgia on 11 August 1969.  He completed his training at Fort Gordon, Georgia and was transferred to Korea on 11 March 1970 for duty as a radio relay and carrier attendant.  He was advanced to the pay grade of E-4 on 18 August 1970.  

3.  He completed his tour in Korea on 13 March 1971 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) on 15 March 1971 as an overseas returnee.  He had served 1 year, 7 months and 5 days of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and the Armed Forces Expeditionary Medal (AFEM) for his service in Korea.

4.  A review of his records shows that he had excellent conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Good Conduct Medal. 

5.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal (GCMDL) 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.  Conviction by
court-martial terminates a period of qualifying service; a new period begins the following day after completion of the sentence imposed by the court-martial.

6.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (KDSM) 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. 

7.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to awards for is service in Korea has been noted and found to have merit.  While he was awarded the AFEM for his service in Korea, he has subsequently become eligible for award of the KDSM.  Accordingly, it should be awarded at this time. 

2.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the GCMDL for his service from 11 August 1969 through 15 March 1971.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.    

  

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the KDSM and the GCMDL for the period of 11 August 1969 through 15 March 1971, while serving in the rank of specialist four (SP4) and correcting his records accordingly. 




      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080002987



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ABCMR Record of Proceedings (cont)                                         AR20080002987



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