IN THE CASE OF:	

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100028849 


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 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).

2.  The applicant states he was never awarded the AGCM for his 3 years of active duty service in spite of meeting the criteria of Army Regulation 600-8-22 (Military Awards).  He also contends his service in the Republic of Korea fulfilled the criteria for award of the KDSM which did not become an authorized award until after he was discharged from the Army.

3.  He provides:

* DD Form 214
* three reassignment orders
* a certificate of achievement
* a certificate for excellence
* two DA Forms 638-1 (Recommendation for Award)
* two DA Forms 4980-18 (Army Achievement Medal (AAM) Certificate)
* an extract from Army Regulation 600-8-22 depicting the eligibility criteria for award of the AGCM


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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His record shows he enlisted in the Regular Army on 28 July 1993.  Upon completion of initial entry training he was awarded military occupational specialty 12B (Combat Engineer).  On 27 July 1996, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The highest rank he attained while serving on active duty was specialist/pay grade E-4.

3.  He provides:

* Orders 097-00211, Headquarters, U.S. Army Infantry Center, dated 7 April 1994, showing he was reassigned from Fort Benning, GA, to Korea with a reporting date in accordance with his port call
* Orders 290-262, dated 17 October 1995, showing he was reassigned from Korea to Fort Benning, GA, with a reporting date of 16 January 1996
* a 317th Engineer Battalion Certificate of Achievement awarded to him in recognition of his participation in Operation Vigilant Warrior
* a DA Form 638-1 and DA Form 4980-18 showing he was awarded the AAM for meritorious service from 15 November 1993 to 15 November 1994 by Permanent Order Number 5-2, dated 6 December 1994
* a DA Form 638-1 and DA Form 4980-18 showing he was awarded a second AAM for meritorious service in Korea from 21 December 1994 to 21 December 1995 by Permanent Order Number 72-9, dated                  28 November 1995
* Orders 141-2226, Headquarters, U.S. Army Infantry Center, dated 20 May 1996, showing he was reassigned to the U.S. Army Transition Center, Fort Benning, GA, for transition processing with a reporting date of 27 July 1996

4.  His DA Form 2-1 (Personnel Qualification Record – Part II) contains the following information:

* item 5 (Oversea Service) shows he served in Southwest Asia/
Saudi Arabia from 2 November 1994 to 17 November 1994, a period of 16 days
* item 5 also shows he served in the Republic of Korea from 19 December 1994 to 18 December 1995, a total of 1 year
* item 9 (Awards, Decorations, and Campaigns) does not show award of the AGCM or KDSM
* item 35 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 44th Engineer Battalion, 2nd Infantry Division, while he was stationed in the Republic of Korea

5.  His DD Form 214 contains the following information:

* Item 12f (Foreign Service) shows he served 1 year and 16 days of foreign service
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized:

* AAM (2nd Award)
* National Defense Service Medal
* Army Lapel Button
* Southwest Asia Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-T Bar

6.  A review of the applicant's service record also shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the AGCM.  There are no entries in his record to indicate his commanders denied him award of the AGCM.

7.  Army Regulation 600-8-22 provides that the AGCM 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 active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

8.  Army Regulation 600-8-22 further provides that the KDSM was authorized by section 543 of the National Defense Authorization Act of 2003.  This regulation provides that the 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, the contiguous water out to 12 nautical miles, and 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show award of the AGCM and KDSM was carefully considered and determined to have merit.

2.  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.  Therefore, he is entitled to correction of his record to show this award.

3.  The evidence of record confirms the applicant served honorably on active duty during the period 28 July 1993 through 27 July 1996.  He was awarded two AAM's and advanced in rank three times during this period.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the AGCM.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the AGCM (1st Award) for the period 28 July 1993 through 27 July 1996 and to correct 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 the evidence presented is 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:

* awarding him the AGCM (1st Award) for the period 28 July 1993 through 27 July 1996 and
* adding the AGCM (1st Award) and KDSM to item 13 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)                                         AR20100028849



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ABCMR Record of Proceedings (cont)                                         AR20100028849



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