IN THE CASE OF:	  

		BOARD DATE:	  24 February 2009

		DOCKET NUMBER:  AR20080018516 


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, award of the Good Conduct Medal and the National Defense Service Medal and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that in accordance with Army Regulation 
600-8-22 (Military Award), he believes he met all the requirements for issuance of these awards.  He also states that the foregoing regulation should support his request.

3.  In support of his application, 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's military record shows he was inducted into the Army of the United States in pay grade E-1 on 27 July 1962 for 2 years.  He completed basic and advanced training in military occupational specialty 941.1 (Cook).  He served in Korea from 14 December 1962 through 29 January 1964.

3.  The applicant's DA Form 24 (Service Record) shows that he received ratings of "excellent" in conduct and efficiency.  There is no evidence the applicant was found disqualified for award of the Good Conduct Medal.

4.  The applicant was released from active duty at the expiration of his term of service in pay grade E-5 (temporary) on 24 July 1964.  He was transferred to the U.S. Army Reserve Control Group (Annual Training).

5.  The applicant’s DD Form 214, item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), lists the following awards:  the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  The Good Conduct Medal and the National Defense Service Medal are not listed.

6.  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.

7.  Army Regulation 600-8-22 also provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995; and 11 September 2001 and a date to be determined.

8.  Army Regulation 600-8-22 further 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 (1) all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is from 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 evidence of record shows the applicant met the criteria for award of the Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the Good Conduct Medal (First Award) for the period 27 July 1962 to 24 July 1964 and its addition to his DD Form 214.

2.  The evidence of record also shows that the applicant completed a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is also entitled to award of the National Defense Service Medal and its addition to his DD Form 214.

3.  The evidence of record further shows that the applicant completed a qualifying period of service in Korea for award of the KDSM.  Therefore, it would be appropriate to award him this medal and add it to his DD Form 214 at this time.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

____x___  ___x____  ___x____  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 the applicant the Good Conduct Medal for the period 27 July 1962 to 24 July 1964, the National Defense Service Medal, and the Korea Defense Service Medal and by providing him a corrected separation document that includes these awards.



__________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.