IN THE CASE OF:
BOARD DATE: 19 July 2012
DOCKET NUMBER: AR20120002139
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 any other awards he earned.
2. The applicant states he served over 2 years in the Army during the Vietnam era without any nonjudicial punishment or disciplinary action.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to 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 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 enlisted in the Regular Army on 2 October 1967 and he held military occupational specialty 91G (Social Works/Psychological Specialist). He served in Korea from 4 September 1969 to on or about 18 September 1970.
3. Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows, with the exception of an "unknown' rating on 4 March 1968, he received "excellent" conduct and efficiency ratings throughout his military service.
4. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 19 September 1970 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligations. His
DD Form 214 shows he completed 2 years, 11 months, and 18 days of creditable active service. It also shows awards of the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Armed Forces Expeditionary Medal (Korea)
5. His records do not contain official orders awarding him the Army Good Conduct Medal. However, a review of his service record also shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.
6. Army Regulation 672-5-1 (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. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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.
DISCUSSION AND CONCLUSIONS:
1. He served honorably during the period 2 October 1967 through 19 September 1970. He served in Korea, attained the rank/grade of SP5/E-5, and except for one unknown rating, he received "excellent" conduct and efficiency ratings throughout his period of military service. His file contains no information that would have disqualified him for the Army Good Conduct Medal (1st Award); therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.
2. The applicant's service in Korea from 4 September 1969 to on or about 18 September 1970 entitles him to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this 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 exemplary behavior, efficiency, and fidelity during the period 2 October 1967 through 19 September 1970
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) 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) AR20120002139
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ABCMR Record of Proceedings (cont) AR20120002139
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