IN THE CASE OF:	  

		BOARD DATE:	    8 November 2011

		DOCKET NUMBER:  AR20110008525 


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 (Certificate of Release or Discharge from Active Duty) to show award of the National Defense Service Medal, Global War on Terrorism Service Medal, and Korea Defense Service Medal.  He further requests removal of the Expert Field Medical Badge from his records.

2.  He states he qualified for the requested awards and he was stationed in Korea for 11 months and 26 days.  He states he never earned the Expert Field Medical Badge because he did not successfully complete the requirements.

3.  The applicant provides his DD Form 214 and a Certificate of Achievement in Safety.

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 military records show he enlisted in the Regular Army on 17 November 1998 after prior service in the U.S. Army Reserve.  He completed training, was awarded the military occupational specialty of medical specialist, and was promoted to pay grade E-4.

3.  He was honorably released from active duty on 16 November 2001.  He completed 3 years of creditable active service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, Army Achievement Medal (2nd Award), Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Expert Field Medical Badge.

4.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in Korea during the period 12 December 1998 through 7 December 1999 (11 months and 26 days).

5.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

6.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal 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.

7.  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 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.

8.  Army Regulation 600-8-22 states the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

9.  Army Regulation 600-8-22 states 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 of continuous active service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

10.  Army Regulation 600-8-22 states award of the Expert Field Medical Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests.

DISCUSSION AND CONCLUSIONS:

1.  He served during a period of qualifying service authorized for the National Defense Service Medal, Korea Defense Service Medal, and Global War on Terrorism Service Medal.  As such, he is entitled to have these awards added to his DD Form 214.

2.  There is no order or other available evidence to show he was awarded the first award of the Army Good Conduct Medal.  Based on the absence of any disqualification for award of the Army Good Conduct Medal, it can be presumed that the applicant was eligible for award of the Army Good Conduct Medal based on completion of a period of 3 years of consecutive Federal military service.  As such, it would be appropriate to award him the Army Good Conduct Medal for the period 17 November 1998 through 16 November 2001 and to add this award to his DD Form 214.

3.  Notwithstanding the entry on his DD Form 214 showing the Expert Field Medical Badge, there is no evidence in the applicant's records that he earned and was authorized the Expert Field Medical Badge.  He stated he never earned the badge because he did not successfully complete the requirements.  As such, it would be appropriate to grant the portion of his request pertaining to removing this badge from his DD Form 214.
 
4.  In view of the foregoing, the applicant is entitled to have his records corrected as follows.



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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 November 1998 through 16 November 2001;

	b.  adding the Army Good Conduct Medal (1st Award), National Defense Service Medal, Korea Defense Service Medal, and Global War on Terrorism Service Medal to his DD Form 214; and

	c.  removing the Expert Field Medical Badge from 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)                                         AR20110008525



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ABCMR Record of Proceedings (cont)                                         AR20110008525



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