IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20110009139
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award and the Korea Defense Service Medal.
2. The applicant states he served in Korea, was promoted to sergeant (SGT)/E-5 within 25 months of service, and he was awarded an Army Commendation Medal.
3. The applicant provides a letter from the National Personnel Records Center.
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. The applicant's records show he enlisted in the Regular Army on 12 November 1968 and he held military occupational specialty 72B (Communications Center Specialist). He served in Korea from 21 September 1969 to 20 October 1970.
3. He was honorably released from active duty in the rank/grade of SGT/E-5 on 6 November 1971. He completed 2 years, 11 months, and 25 days of active service. Item 24 (Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal
* Armed Forces Expeditionary Medal
4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.
5. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings with no convictions by a court-martial.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification. Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his
DD Form 214 to show this award.
2. The evidence of record shows the applicant served in Korea from 12 November 1968 to 6 November 1971. By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show one award of the Korea Defense 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:
* awarding him the Army Good Conduct Medal (1st Award) for the period 12 November 1968 to 6 November 1971
* adding to item 24 of his DD Form 214 the Army Good Conduct Medal 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) AR20110009139
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110009139
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110004676
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 1 December 1964 through 30 November 1966 based on completion of qualifying service ending with the termination of a period of Federal military service. As a result, the Board recommends that...
ARMY | BCMR | CY2008 | 20080015163
A review of the applicant's records show there is no record of derogatory or adverse information on file in his military service records or that the applicant was disqualified for award of the GCM. It 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the...
ARMY | BCMR | CY2010 | 20100009084
There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Army Good Conduct Medal. A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214: a. U.S. Army Training Center, Fort Campbell, KY, Special Orders Number 174, dated 11 July 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Badge. As a result, the...
ARMY | BCMR | CY2012 | 20120001453
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Presidential Unit Citation * Four awards of the Purple Heart * Special Operations Commemorative Medal * Joint Service Commendation Medal * Korea Defense Service Medal * Air Assault Badge * Republic of Vietnam Gallantry Cross 2. Additionally, it would also be appropriate to amend GO Number 162, issued by Headquarters, 12th Support Brigade, Fort Bragg, NC, on 12...
ARMY | BCMR | CY2010 | 20100020368
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 March 1971 to show award of the Combat Infantryman Badge for service in Vietnam, Armed Forces Expeditionary Medal for service in Korea, and the Army Good Conduct Medal. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. ...
ARMY | BCMR | CY2014 | 20140013197
Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2008 | 20080016308
There are no Special Orders in the applicants record that show he was promoted to SGT/E-5. The evidence of record shows that the applicant served in Korea from on or about 28 May 1969 to on or about 25 November 1969; therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his records to show this award. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2013 | 20130003465
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. There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2010 | 20100019696
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * His service in the Republic of Vietnam from * 2nd award of the Army Good Conduct Medal (AGCM) 2. The evidence of record shows the applicant completed a qualifying period of service in the Republic of Korea from 4 August 1970 through 3 September 1971 for award of the KDSM. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2008 | 20080016007
The applicants records show he was issued three awards of the Good Conduct Medal, issued on miscellaneous dates, by various Headquarters, for exemplary behavior, efficiency, and fidelity, from 4 February 1967 through 3 February 1960 (1st Award); from 18 December 1961 through 17 December 1964 (2nd Award); and from 20 March 1965 through 19 March 1968 (3rd Award). Item 24 of the applicant's DD Form 214, dated 23 February 1972, shows he was awarded the Vietnam Service Medal with two bronze...