IN THE CASE OF:
BOARD DATE: 6 July 2012
DOCKET NUMBER: AR20120001088
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 (Report of Separation from Active Duty) to show award of the Korea Defense Service Medal.
2. The applicant states he served in the Republic of Korea (ROK) from May 1973 to April 1974 and qualified for the Korea Defense 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. On 27 October 1972, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11B (Infantryman).
3. The applicant's military records, to include his DA Form 2-1 (Personnel Qualification Record), show:
a. he served in the ROK from June 1973 to June 1974 and completed a normal tour of duty;
b. he performed duty as a team leader and as an assistant team leader, both E-5 duty positions, from February 1975 until his release from active duty (REFRAD); and
c. no evidence of any discipline or derogatory action that would have prevented award of the Army Good Conduct Medal.
4. On 24 October 1975, the applicant was REFRAD and transferred to the U.S. Army Reserve Control Group (Reinforcement). He attained the rank of specialist four/pay grade E-4 and completed 2 years, 11 months, and 28 days of creditable active duty service. The reason for his separation was completion of required active duty service.
5. The applicant's DD Form 214 shows he completed 1 year and 1 day of overseas service and states his last overseas service was in the ROK. His awards are shown as:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Expeditionary Medal
* Parachutist Badge
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the KDSM based on his qualifying service in the ROK.
2. The evidence of record clearly shows the applicant served in the ROK during a qualifying period. Therefore, he is authorized the Korea Defense Service Medal.
3. The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by attaining the rank of specialist four, completing training, performing duties requiring the skills and experience of a more senior Soldier, and serving until completion of his required active duty service. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this medal.
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 27 October 1972 to 24 October 1975 and
b. adding award of the Army Good Conduct Medal and Korea Defense Service Medal to 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) AR20120001088
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ABCMR Record of Proceedings (cont) AR20120001088
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