IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110018370
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 (Certificate of Release or Discharge from Active Duty) to show the Army Good Conduct Medal, Korea Defense Service Medal, and the Overseas Service Ribbon.
2. The applicant states he feels the change of command that occurred just before his discharge caused his awards to be misplaced.
3. The applicant provides:
* a Memorandum of Appreciation, dated 13 March 1994
* an approved DA Form 638 (Recommendation for Award) and corresponding certificate awarding him the Army Achievement Medal, dated 17 April 1994
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 enlisted in the Regular Army on 9 April 1993. He completed training and he was awarded military occupational specialty (MOS) 77F (Petroleum Supply Specialist).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows in:
a. item 5 (Oversea Service) he served in Korea from 12 October 1993 through 11 October 1994;
b. item 9 (Awards, Decorations and Campaigns) the Army Service Ribbon, National Defense Service Medal, and the Army Achievement Medal (1st Award); and
c. item 35 (Record of Assignments) he was assigned to the 305th Quartermaster Company in Korea, effective 18 October 1993.
4. He was honorably released from active duty on 8 April 1996 in the rank/grade of private first class (PFC)/E-3. He completed 3 years of creditable active service. His DD Form 214 shows in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:
* Army Lapel Button
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
5. There is no record of any derogatory information or a commander's disqualification for the first award of the Army Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) states the:
a. 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 except in those cases when
the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
b. 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.
c. Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.
DISCUSSION AND CONCLUSIONS:
1. The applicants record shows he distinguished himself in the performance of his military service as evidenced by his receipt of a personal decoration and honorable release from active duty. Furthermore, there is no evidence of any misconduct or disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.
2. He served during a qualifying period for entitlement to the Korea Defense Service Medal and the Oversea Service Ribbon. Therefore, his DD Form 214 should be corrected to show these awards.
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 April 1993 through 8 April 1996; and
b. adding to item 13 of his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Overseas Service Ribbon
____________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) AR20110006177
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110018370
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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