IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100024871
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 (Report of Transfer or Discharge) to show award of the Good Conduct Medal and Korea Defense Service Medal (KDSM).
2. The applicant states:
* He was awarded the Good Conduct Medal at the time of separation from the Army
* His DD Form 214 shows he served in Korea for 1 year, 1 month, and
4 days
* The KDSM was not created until 2002
3. The applicant provides:
* Orders for the Good Conduct Medal
* 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 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. His military records are not available for review. However, this case is being considered using reconstructed records which primarily consists of the records provided by the applicant.
3. His DD Form 214 shows he enlisted in the Regular Army on 24 February 1960 for a period of 3 years. He served as an intelligence analyst and was released from active duty on 14 January 1963 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
4. Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he served
1 year, 1 month, and 4 days of foreign service in the "EUSA" [Eighth U.S. Army] which was located in Korea. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the entry "NONE."
5. He provided orders, dated 9 January 1963, which show he received the first award of the Good Conduct Medal for the period 24 February 1960 to 14 January 1963.
6. Army Regulation 600-8-22 (Military Awards) 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. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
7. Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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.
DISCUSSION AND CONCLUSIONS:
1. Orders show he received the Good Conduct Medal. His DD Form 214 should be corrected to show this medal.
2. The entry in item 24c of his DD Form 214 which shows he served in Korea is accepted as sufficient evidence on which to add the KDSM to his DD Form 214.
3. He served a period of qualifying service for award of the NDSM. His DD Form 214 should be corrected to show this medal.
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 adding the Good Conduct Medal, KDSM, and NDSM to item 26 of 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) AR20100024871
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ABCMR Record of Proceedings (cont) AR20100024871
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