IN THE CASE OF:	

		BOARD DATE:	  28 April 2009

		DOCKET NUMBER:  AR20090001168 


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 two applications, correction of his records to show award of the Korea Defense Service Medal (KDSM) and the Army Good Conduct Medal (AGCM) (6th Award).  He also requests a DA Form 4950 (AGCM Certificate) for retirement.

2.  The applicant states that he served over 30 days consecutive in Korea in 1990.  He also states he believes he is eligible for the AGCM (6th Award) due to his serving a combination of active service time to meet eligibility requirements.

3.  The applicant provides a copy of a DD Form 199, mobilization orders, three DD Forms 214 (Certificates of Release or Discharge from Active Duty), orders for the first through fifth awards of the AGCM, and retirement/separation orders in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he enlisted in the Regular Army on 29 August 1989.  He was awarded military occupational specialty (MOS) 11B (infantryman) and was promoted to pay grade E-5.  He was honorably discharged from active duty on 7 July 2004 by reason of completion of required active service and enlisted the next day in the U.S. Army Reserve (USAR).  He was assigned to a Troop Program Unit (TPU) at Fort Lewis, WA.

2.  He was awarded the AGCM (5th Award) for the period of 29 August 2001 through 28 August 2004.  
3.  The applicant reentered active duty as a Reservist on 21 April 2006 and was honorably released from active duty and transferred back to his TPU on 31 August 2006.

4.  He again reentered active duty as a Reservist on 25 January 2007.  On 2 April 2008, a physical evaluation board (PEB) convened to determine whether the applicant was physically fit.  In the PEB's proceedings an incident which occurred in 1990 in Korea was described.  He was honorably released from active duty due to permanent disability on 28 July 2008 after completing 1 year, 3 months, and 5 days of active service.

5.  Section 1 of the applicant's Enlisted Record Brief shows he served in Korea for a 12-month period ending in December "1998."  However, neither Section IX (Assignment Information) of this document nor any other documents in the applicant's personnel file shows that he served in Korea.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the KDSM.  This regulation specifies criteria for the award of the KDSM as follows: a) service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

7.  The Army Good Conduct Medal (AGCM) 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.  It is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service, as outlined in this chapter.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. 

8.  Army Regulation 600-8-22 in pertinent part, states that the DA Form 4950 (Good Conduct Medal Certificate) may be presented to enlisted Soldiers only on the following occasions:  concurrent with the first award of the AGCM or concurrent with retirement earned on or after 1 January 1981.  When presented 
at retirement, the DA Form 4950 will reflect the last approved award of the AGCM earned by the Soldier before retirement.  The DA Form 4950 will not be presented for second or subsequent awards of the AGCM except as provided above.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant contends he served more than 30 consecutive days in Korea in 1990, it is not possible to determine from his records where, when, or how long he served in Korea.  Since there is no corroborating evidence of record and the applicant has not provided any evidence to verify he served in Korea for 30 consecutive or 60 non-consecutive days, there is no basis for correcting his records to show award of the KDSM.

2.  While the applicant contends he served a combination of active service to entitle him to a 6th award of the AGCM, the available evidence does not support this contention.  To be eligible for a 6th award of the AGCM, the applicant had to serve at least three years of continuous active duty following the award of his 5th award of the AGCM.  The applicant's records do not show that he served 3 years of continuous active service toward an additional award of the AGCM.  As such, he is not entitled to a 6th award of this award.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

4.  The Board does not reissue certificates.  However, if the applicant was not issued a DA Form 4950 for a previously awarded Army Good Conduct Medal and wishes to request one he should send his request to the Commander, U.S. Army Human Resources Command, ATTN:  AHRC-CC-B, 1 Reserve Way, St. Louis, MO 63132–5200.

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)                                         AR20090001168



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ABCMR Record of Proceedings (cont)                                         AR20090001168



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