BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110013933
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 Korean Service Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards he earned.
2. The applicant states he served in Army Service Command in Korea, but did not get the Korean Service Medal.
3. The applicant provides a copy of his DD Form 214.
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 12 May 1970. He was honorably released from active duty on 16 December 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his 6-year service obligation.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows:
* he was an armorer/unit supply specialist, military occupational specialty 76Y
* he served in Korea from 20 October 1970 to 13 December 1971
* he was awarded the
* National Defense Service Medal
* Armed Forces Expeditionary Medal for his Korean service
* he had "excellent" conduct and efficiency ratings during his active duty service
4. There is no evidence in the applicant's records to indicate he was ever convicted by court-martial.
5. Army Regulation 600-8-22 (Military Awards) states:
a. The Korean Service Medal is awarded for qualifying service in the Korean War theater of operations between 27 June 1950 and 27 July 1954.
b. 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.
c. 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 the 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Korean Service Medal and correction of his DD Form 214 to show all awards he earned.
2. The applicant is not a Korean War veteran; therefore, he is not entitled to the Korean Service Medal. However, he is entitled to the recently-authorized Korea Defense Service Medal by virtue of his duty in Korea for 13-plus months.
3. The applicant demonstrated uniformly "excellent" conduct and efficiency during his active duty service without any record of a conviction by a court-martial. Therefore, he should be awarded the Army Good Conduct Medal (1st Award).
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X__ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 his service from 12 May 1970 through 16 December 1971
* adding the Army Good Conduct Medal (1st Award) and Korea Defense Service Medal to his DD Form 214
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Korean 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) AR20110013933
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ABCMR Record of Proceedings (cont) AR20110013933
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