IN THE CASE OF:	  

		BOARD DATE:	        07 OCTOBER 2008

		DOCKET NUMBER:  AR20080008599 


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 the Good Conduct Medal and the Korea Defense Service Medal. 

2.  The applicant essentially believes that he was not considered for award of the Good Conduct Medal at the time of his release from active duty.  He also states, in effect, that the Korea Defense Service Medal is a relatively new award that was not in existence at the time of his service.  

3.  The applicant provides his DD Form 214 (Report of Separation from Active Duty), information on the Good Conduct Medal and the Korea Defense Service Medal from The Institute of Heraldry website, and a letter, dated 8 May 2008, from the San Diego, California Service Office for the Veterans of Foreign Wars of the United States in support of this application.

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's military records show that he enlisted in the Regular Army on 29 October 1974.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 71B (Clerk Typist), which was later converted into MOS 71L (Administrative Specialist).  He then served his initial permanent duty assignment in Korea from 23 March 1975 to 24 March 1976, then was reassigned to Fort Hood, Texas.  On 28 October 1977, he was honorably released from active duty.  The DD Form 214 that was issued to him at the time of his release from active duty does not show that he was awarded any awards or decorations.

3.  The applicant requested that he be awarded the Good Conduct Medal.  His military records show that he served 3 years of continuous enlisted active duty from 29 October 1974 to 28 October 1977. A review of his military records revealed that his evaluation reports were good, and there is no derogatory information in his military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.

4.  The applicant's military records do not show that he was awarded the Korea Defense Service Medal.  However, the applicant served in Korea from 23 March 1975 to 24 March 1976.

5.  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.

6.  Army Regulation 600-8-22 also provides, in pertinent part, 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 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 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:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

	b.  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

	c.  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 Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Good Conduct Medal and the Korea Defense Service Medal. 

2.  The applicant served 3 years of continuous enlisted active duty from 
29 October 1974 to 28 October 1977.  A review of his military records also revealed that his evaluation reports were good, and there is no derogatory information in his military records which could be a disqualifying factor in awarding him the Good Conduct Medal for this period of service.  Therefore, it would be appropriate at this time to award him the Good Conduct Medal for the period 29 October 1974 to 28 October 1977, and correction of his military records to show the award of the Good Conduct Medal.

3.  The applicant served more than 30 consecutive days in Korea during a qualifying period for award of the Korea Defense Service Medal.  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.



BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 Good Conduct Medal for the period 29 October 1974 to 
28 October 1977 while serving as a specialist four and the Korea Defense Service Medal.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      ___        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)                                         AR20080008599



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ABCMR Record of Proceedings (cont)                                         AR20080008599



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