BOARD DATE:	 11 August 2011

		DOCKET NUMBER:  AR20110003252 


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 award of the Army Good Conduct Medal and the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards.

2.  The applicant states, in effect:

* he was an infantryman who served in the Korean demilitarized zone (DMZ) from July 1969 to August 1970
* although he was involved in hostile fire incidents, he was never awarded the CIB because Army policy made award of the CIB for DMZ Soldiers almost impossible
* he only recently discovered that Army policy regarding award of the CIB for DMZ Soldiers had changed
* he was an excellent Soldier, who received "excellent" conduct and efficiency ratings and was honorably discharged
* he meets all regulatory criteria for award of the Army Good Conduct Medal and the CIB

3.  The applicant provides:

* 2 letters, dated 30 December 2010 and 11 February 2011
* DD Form 214
* DA Form 20 (Enlisted Qualification Record)

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 requested award of the CIB and correction of his DD Form 214 to show this award.  Army Regulation 600-8-22 (Military Awards), the governing authority for award of the CIB, states that Army veterans and service members who served in Korea on or after 28 July 1953, and who meet the criteria for award of the CIB, may submit an application (to include supporting documentation) for award of the CIB to the Commander, U.S. Army Human Resources Command (HRC), ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

3.  The applicant was inducted into the Army of the United States, for a 2-year term, on 7 February 1969.

4.  Item 31 (Foreign Service) of his DA Form 20 shows he served in the Republic of Korea from 7 July 1969 through 6 August 1970.  

5.  On 5 February 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve for the remainder of his service obligation.  His DD Form 214 shows he completed 1 year, 11 months, and 29 days creditable military service including 1 year and 1 month of foreign service.  The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal and the Armed Forces Expeditionary Medal.  Item 24 does not show award of the Army Good Conduct Medal.

7.  His records do not contain official orders awarding him the Army Good Conduct Medal.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings.

9.  His service record does not contain information showing convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

10.  Army Regulation 672-5-2 (Awards), in effect at the time, states the Army Good Conduct Medal was awarded to individuals who completed a qualified 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.

11.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the AGCM and correction of his DD Form 214 to show this award was carefully considered and determined to have merit.

2.  His record shows he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings.  Therefore, he is entitled to award of the Army Good Conduct Medal (First Award), for the period  7 February 1969 through 5 February 1971, and to correction of his DD Form 214 to show this award.

3.  The evidence of record shows the applicant served in the Republic of Korea from 7 July 1969 through 6 August 1970, which is a qualifying period of service for the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 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 Army Good Conduct Medal (First Award) for the period  7 February 1969 through 5 February 1971
* amending item 24 of his DD Form 214 to add the Army Good Conduct Medal (First Award) and the Korea Defense Service Medal




      _________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)                                         AR20090019498



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ABCMR Record of Proceedings (cont)                                         AR20110003252



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