IN THE CASE OF:	  

		BOARD DATE:	        21 OCTOBER 2008

		DOCKET NUMBER:  AR20080013427 


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 that he be awarded the Good Conduct Medal (GCMDL).

2.  The applicant states that he thought everyone who received an honorable discharge received the GCMDL.  He goes on to state that he received a couple of letters of praise and never received any nonjudicial punishment, reprimands or derogatory actions.  

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army in Phoenix, Arizona on 8 September 1975 for a period of 3 years, assignment to the Army Security Agency (ASA) and language training.

3.  He completed his basic combat training at Fort Ord, California, his Korean language training at the Presidio of Monterey, California and his advanced individual training at Goodfellow Air Force Base, Texas before being transferred to Korea on 20 December 1976.

4.  He was assigned to the 329th ASA Company, 2nd Infantry Division for duty as an electronic warfare/signal Intelligence voice interceptor.  

5.  He departed Korea on 18 December 1977 and was transferred to Fort Lewis, Washington.  He was promoted to the pay grade of E-5 on 1 January 1978 and  he remained at Fort Lewis until he was honorably released from active duty (REFRAD) on 7 September 1978, due to the expiration of his term of service (ETS).  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Expert Marksmanship Qualification Badge with rifle bar.

6.  A review of his records reveals no derogatory information in his records that would serve to disqualify him for award of the Good Conduct Medal (GCMDL).

7.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.  There is no automatic entitlement to award of the GCMDL; however, commanders are required to notify individuals of the basis for denying award of the GCMDL and afford the individual Soldier the opportunity to submit matters in their own behalf.

8.  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 encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles and 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’s contention that he should have been awarded the GCMDL  has been noted and appears to have merit.   

2.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the GCMDL for his service from 8 September 1975 through 7 September 1978.  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.  

3.  The applicant not receiving the GCMDL was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, it would be in the interest of justice that this error be corrected and that the applicant be awarded the GCMDL at this time.

4.  Additionally, the applicant completed a qualifying period of service in Korea from 20 December 1976 to 18 December 1977 for award of the KDSM.  Therefore, he is entitled to award of the KDSM and correction of his military records to show this award.

BOARD VOTE:

___X____  ___X____  __X_____  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 GCMDL for the period of 8 September 1975 through 7 September 1978, while serving in the rank of sergeant (SGT) and the KDSM. 



2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20080013427





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ABCMR Record of Proceedings (cont)                                         AR20080013427



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