IN THE CASE OF:	  

		BOARD DATE:	    9 August 2011

		DOCKET NUMBER:  AR20110001418 


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 Army Good Conduct Medal and Korea Defense Service Medal.

2. The applicant states he served in the Republic of Korea in 1960, but he never received either of the above awards.

3.  The applicant provides no additional documentary evidence.

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.  The applicant was inducted into the Army of the United States on 9 July 1959 for a period of 24 months.  He was awarded military occupational specialty 131.10 (Armor Crewman).
3.  The applicant's DA Form 24 (Service Record) covering the period 9 July 1959 to 8 June 1961 shows in:

   a.  section 4 (Chronological Record of Military Service) he received exclusively "excellent" conduct and efficiency ratings;

   b.  section 5 (Service Outside Continental United States) he departed the continental United States (CONUS) on 10 May 1960, arrived in Korea on 31 May 1960, departed Korea on 23 May 1961, and arrived in CONUS on 8 June 1961; and

	c.  section 9 (Medals, Decorations, and Citations) does not list the Army Good Conduct Medal.

4.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant was inducted on 9 July 1959, honorably released from active duty (REFRAD) on 8 June 1961, and transferred to the U.S. Army Reserve (USAR) to complete his Reserve obligation.

	a.  He completed 1 year and 11 months of total active service and 1 year and 29 days of foreign service.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Army Good Conduct Medal.

5.  The applicant was ordered to active duty for 1 year on 9 October 1961.

6.  A DD Form 214 shows the applicant entered active duty this period on
9 October 1961, was honorably REFRAD on 8 August 1962, and transferred to the USAR to complete his Reserve obligation.

	a.  He completed 10 months of net active service this period.

	b.  Item 26 does not show the Army Good Conduct Medal.

7.  The applicant's military service records do not contain any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).


8.  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.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

   a.  Appendix III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Service Record, Enlisted Qualification Record, Officer Qualification Record, and orders.

   b.  The instructions for item 26 state enter decorations awarded or authorized during the period covered by the DD Form 214 from section 9 of the DA Form 24; omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of active enlisted service for award of the Army Good Conduct Medal (1st Award) from 9 July 1959 to 8 June 1961.

   a.  He received "excellent" conduct and efficiency ratings during this period of service.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).
   c.  Despite the absence of the unit commander's recommendation the Army Good Conduct Medal (1st Award), based on the available evidence, it would be appropriate to award the applicant this medal and correct his DD Form 214 to show this medal.
   
2.  The applicant's service in the Republic of Korea from 31 May 1960 through
23 May 1961 qualified him for award of the Korea Defense Service Medal. Therefore, it would be appropriate to correct his DD Form 214 to show this service 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
9 July 1959 through 8 June 1961; and

	b.  adding the Army Good Conduct Medal (1st Award) and Korea Defense Service Medal to item 26 of his 8 June 1961 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)                                         AR20110001418



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ABCMR Record of Proceedings (cont)                                         AR20110001418



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