IN THE CASE OF:	  

		BOARD DATE:	       3 March 2009

		DOCKET NUMBER:  AR20080018277 


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 the Good Conduct Medal, Korea Defense Service Medal, and any other pertinent awards be listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States).  

2.  The applicant states that he has been trying to get the Good Conduct Medal for 44 years, but has never been able to get it.

3.  The applicant provides, in support of his request, a copy of his DD Form 214, and a copy of a commercial list of United States awards and medals from an on-line supplier.

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 are not available for review by the Board.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that his records were lost or destroyed in that fire.  

3.  The available records consist of copies of his DD Form 214, separation orders, and two pieces of post-service correspondence. 

4.  The applicant enlisted in the Regular Army and entered active duty on 
15 June 1953.  He completed 1 year, 11 months, and 28 days of foreign service. On 14 June 1956 he was honorably released from active duty, as a specialist three (SP3)/E-4, and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  He had no lost time.  

5.  Block 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Authorized or Awarded) of his DD Form 214 lists the National Defense Service  Medal, Korean Service Medal, and the United Nations Service Medal.

6.  A Standard Form (SF) 180, dated 4 March 1982, was submitted by the applicant and the Adjutant General of Pennsylvania and addressed to the NPRC. The applicant states, "Never Received Discharge.  Good Conduct Medal or any authorized medals.  From December 1953 to November 1955 I was assigned to Company C, 802nd E.A.B. [Engineer Aviation Battalion], Itazuke Air Force Base in Japan.  Was that Company given a unit Citation?"

7.  A 7 January 1981 self-authored letter to the Army Reserve Components Personnel and Administration Center (RCPAC) conveyed the same information.

8.   Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), in effect at the time, provided policy and criteria concerning service medals.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 
27 August 1940, for first award only, 1 year served entirely during the period 
7 December 1941 to 2 March 1946 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 and there must have been no convictions by court-martial.



9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

10.  Army Regulation 600-8-22 further provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

11.  Army Regulation 600-8-22 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.  The Soldiers 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.  participate 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 states that he never received the Good Conduct Medal and that he should receive the Korea Defense Service Medal and any other medals he is entitled to.  

2.  Unfortunately, in the absence of substantiating evidence that he was awarded the Good Conduct Medal or that he qualified for the award by virtue of the required "excellent" conduct and efficiency ratings, there is no basis for granting the applicant's request for award of the Good Conduct Medal.

3.  The applicant stated on his SF 180 that he was assigned to Company C,
802nd E.A.B., Itazuke Air Force Base in Japan during the period from December 1953 to November 1955.  The award of the Korean Service Medal and the United Nations Service Medal shown on the applicant's DD Form 214 suggests that he had qualifying service in the Korea theater of operations between 27 June 1950 and 27 July 1954; however, the inclusive dates cannot be verified.  Additionally, the award of the Korea Defense Service Medal is 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 during the period of eligibility from 28 July 1954 to a date to be determined by the Secretary of Defense.  The Soldiers must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.  There is insufficient evidence to show that he had qualifying service in Korea on or after 27 July 1954.  Therefore, there is no basis for granting the applicant's request for award of the Korea Defense Service Medal.

4.  There is no available indication the applicant's unit in Japan was awarded any unit award during his tenure of assignment.  Therefore, there is no basis for granting the applicant's request for any additional award to the list of awards already shown on his DD Form 214.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement







 BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________X_____________
               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)                                         AR20080018277



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ABCMR Record of Proceedings (cont)                                         AR20080018277



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