IN THE CASE OF:
BOARD DATE: 21 JULY 2009
DOCKET NUMBER: AR20090004464
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued on 26 February 1973 to show award of the Korea Defense Service Medal.
2. The applicant states the above award was not included on his DD Form 214.
3. The applicant provides his DD Form 214 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 enlisted in the Regular Army, on 27 February 1970, and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 63C (Track Vehicle Mechanic).
3. The applicant arrived in Korea and was assigned to Service Battery, 6th Battalion, 12th Artillery on or about 16 October 1970. He was reassigned to Headquarters and Headquarters Battery on 4 March 1971. The applicant was reassigned to Headquarters, I Corps (Group) Special Troops on 12 May 1971. He departed Korea on 5 November 1971.
4. On 26 February 1973, the applicant was honorably released from active duty in the rank of Specialist Five/E-5 after completing 3 years of creditable active service with no lost time.
5. The applicant's DD Form 214, issued 26 February 1973 shows he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal (Korea), the Driver and Mechanic Badge with Mechanic-W Bar, and the Marksman Marksmanship Qualification Badge (M-16).
6. There is no evidence the applicant received the first award of the Army Good Conduct Medal. His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent," with one academic "good" rating, throughout his period of service.
7. 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
8. Army Regulation 672-5-1, 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. Evidence of record shows the applicant met the eligibility criteria for award of the Korea Defense Service Medal. This award should be added to his DD Form 214.
2. The applicant was separated in the rank of Specialist Five with 3 years of creditable active service with no time lost and conduct and efficiency ratings of all "excellent" except for one academic "good" throughout his period of service. Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 27 February 1970 through 26 February 1973. He should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.
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 Army Good Conduct Medal (1st Award) for the period 27 February 1970 through 26 February 1973; and
b. amending his DD Form 214 to add the Army Good Conduct Medal
(1st Award) and the Korea Defense Service Medal.
_______ _ _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) AR20090004464
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