IN THE CASE OF:
BOARD DATE: 29 December 2009
DOCKET NUMBER: AR20090008765
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal.
2. The applicant states that she completed three consecutive years of service.
3. The applicant provides a copy of her DD Form 214 in support of her application.
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. After having prior active and inactive service, the applicant enlisted in the Regular Army on 2 April 1993. Her highest grade attained was specialist (SPC), E-4. She served in Korea from March 1995 to August 1995.
3. Her DA Form 2-1 (Personnel Qualification Record - Part II) does not list the Army Good Conduct Medal in Item 9 (Awards, Decorations, and Campaigns).
4. Her service personnel records do not contain any disciplinary actions. There is no evidence she was disqualified by her chain of command from receiving the first award of the Army Good Conduct Medal.
5. The applicant was honorably released from active duty on 5 September 1996 in the rank of SPC, E-4. She completed 3 years, 5 months, and 4 days of active military service with no days of lost time.
6. Her DD Form 214 does not show the Army Good Conduct Medal as an authorized award.
7. Army Regulation 600-8-22 (Military Awards) provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.
8. Army Regulation 600-8-22 (Military Awards) 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 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 from 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record which shows the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 2 April 1993 through 1 April 1996. The applicant did not receive any disciplinary actions and was promoted to SPC during this period of service.
2. It appears that the applicant has met the requirements for the first award of the Army Good Conduct Medal for the period 2 April 1993 through 1 April 1996.
3. The applicant's service personnel records show she served a period of qualifying service for award of the KDSM and this award should be added to her 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 her the first award of the Army Good Conduct Medal for the period 2 April 1993 through 1 April 1996; and
b. amending her DD Form 214 to add award of the Army Good Conduct Medal and the KDSM.
_______ _ 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) AR20090008765
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090008765
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080005642
The evidence of record shows the applicant completed a foreign service tour in Korea from 2 March 1996 to 28 February 1997; therefore, she served a qualifying period for award of the Overseas Service Ribbon the Korea Defense Service Medal, and she is entitled to correction of her DD Form 214 to show these awards. The evidence of record confirms that the applicant served honorably during the period 1 September 1995 to 31 August 1998; she attained the rank/grade of CPL/E-4; and completed an...
ARMY | BCMR | CY2010 | 20100028849
The applicant requests to be awarded the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the AGCM and Korea Defense Service Medal (KDSM). The evidence shows the applicant served on active duty in the Republic of Korea during a designated period of time to qualify for award of the KDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080001813
As a result, it would be appropriate to add the KDSM to her record and DD Form 214 at this time. The evidence of record confirms only that the applicant served in Korea in the 1991 time frame. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing her entitlement to the Korea Defense Service Medal; and by providing her a correction to her separation document that includes this award.
ARMY | BCMR | CY2010 | 20100013072
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of 19D (Calvary Scout) as a secondary military occupational specialty (MOS) and to add the following awards: * Korea Defense Service Medal (KDSM) * Overseas Service Ribbon (OSR) * Expert Infantryman Badge (EIB) * Global War on Terrorism Service Medal (GWOTSM) * Armed Forces Reserve Medal (AFRM) 2. The applicant states: a. he is a former member of the Regular Army, the...
ARMY | BCMR | CY2010 | 20100019262
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her service in Saudi Arabia and award of the Armed Forces Expeditionary Medal (AFEM). 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. showing...
ARMY | BCMR | CY2012 | 20120018503
IN THE CASE OF: BOARD DATE: 25 April 2013 DOCKET NUMBER: AR20120018503 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Korea Defense Service Medal (KDSM). His DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Korea from 24 January 1995 to 23 January 1996.
ARMY | BCMR | CY2013 | 20130002123
For item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. c. For item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." The evidence of record shows the applicant qualified for award of the KDSM based on his active service in support of the defense of the ROK....
ARMY | BCMR | CY2013 | 20130017710
Army Regulation 600-8-22 (Military Awards) states: a. The applicant's contention that her DD Form 214 should be corrected to show her service in SWA has been carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to her DD Form 214 the SWA Service Medal with two bronze service stars, the KLM-SA, KLM-K, and the KDSM; and b. adding to block 18 of her DD Form 214 the entry "SERVICE IN SOUTHWEST...
ARMY | BCMR | CY2007 | 20070009054
He also request that his Meritorious Service Medal (MSM) (2nd award) be added to his DD Form 214 (Certificate of Release or Discharge From Active Duty). The evidence of record shows that the applicant was awarded three MSM(s). The evidence of record also shows that the applicant met the criteria for award of the National Defense Service Medal with bronze service star for his service in support of Operation Enduring Freedom outside the area of eligibility, from 11 September 2001 to a date...
ARMY | BCMR | CY2013 | 20130011712
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (AAM) (2nd Award), Korea Defense Service Medal (KDSM), Iraq Campaign Medal (ICM), Valorous Unit Award (VUA), and Army Good Conduct Medal (AGCM) and her deployment to Iraq. Therefore, as a matter of equity she should be awarded the AGCM (1st Award) for the period 19 July 2001-18 July 2004 and it should be added to her DD Form 214. The...