IN THE CASE OF:
BOARD DATE: 7 July 2009
DOCKET NUMBER: AR20090004258
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 correction of his records to show award of the Korea Defense Service Medal.
2. The applicant states that he was discharged in 1968 but the medal was not available until 2003.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 27 June 1968, in support of his request.
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 applicants 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 applicants 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 records show he was inducted into the Army of the United States on 28 June 1966. He held military occupational specialty 11H (Infantry Direct Fire Crewmember) and was honorably separated in the rank/grade of sergeant (SGT)/E-5 on 27 June 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his military service obligation.
3. The applicants records also show he served in Korea from on or about 21 November 1966 to on or about 12 December 1967. He was assigned to Company B, 1st Battalion, 38th Infantry.
4. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal.
5. Army Regulation 600-8-22 (Military Awards) states 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 and period of eligibility are as follows: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 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.
6. A review of the applicants records reveals his entitlement to additional awards which are not shown on his DD Form 214.
7. A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal. Additionally, Item 38 of his DA Form 20 (Enlisted Qualification Record) shows he received "Excellent" conduct and efficiency ratings throughout his military service.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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. The enlisted person must have had all excellent conduct and efficiency ratings and no convictions by a court-martial. Ratings of "Unknown" for portions of the period under consideration are not disqualifying. Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Korea Defense Service Medal.
2. The evidence of record shows that the applicant served in Korea from on or about 21 November 1966 to on or about 12 December 1967. Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award.
3. The evidence of record confirms that the applicant served honorably during the period 28 June 1966 through 27 June 1968. He attained the rank/grade of SGT/E-5, completed an overseas tour in Korea, and received "excellent" conduct and efficiency ratings throughout his military service. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.
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:
a. awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 June 1966 through 27 June 1968; and
b. adding award of the Good Conduct Medal (1st Award) and the Korea Defense Service Medal to his DD Form 214.
_______ _ 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) AR20090004258
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004258
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140005089
The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. ___________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2010 | 20100025029
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service. Based on the available evidence, the applicant should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110004676
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 1 December 1964 through 30 November 1966 based on completion of qualifying service ending with the termination of a period of Federal military service. As a result, the Board recommends that...
ARMY | BCMR | CY2008 | 20080015163
A review of the applicant's records show there is no record of derogatory or adverse information on file in his military service records or that the applicant was disqualified for award of the GCM. It 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the...
ARMY | BCMR | CY2009 | 20090013184
Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090011043
The applicant served a period of qualifying service for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for the period 28 June 1965 through 27 June 1968; and b. adding the Good Conduct Medal, the Korea Defense Service Medal, and the Sharpshooter Marksmanship...
ARMY | BCMR | CY2011 | 20110002678
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 states 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. However, based on the evidence of record that shows he received all "excellent" conduct and efficiency ratings throughout his service and the absence of any commander's...
ARMY | BCMR | CY2009 | 20090010008
The applicant requests correction of his records to show awards of the Korea Defense Service Medal, the Valorous Unit Award, the National Defense Service Medal, the Army Good Conduct Medal, and the Presidential Unit Citation. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam...
ARMY | BCMR | CY2014 | 20140013197
Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080017706
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. Although he was awarded the Armed Forces Expeditionary Medal for his service in Korea, he served a qualifying period for award of the Korea Defense Service Medal and is therefore entitled to correction of his records to show this award. As a result, the Board...