IN THE CASE OF:	

		BOARD DATE:	    27 November 2012

		DOCKET NUMBER:  AR20120008359 


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 the Korea Defense Service Medal.

2.  The applicant states he was released from Letterman Army Hospital and his records were not properly maintained. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  However, the applicant provided his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on       21 December 1955.  This form shows he held military occupational specialty 112.10 (Heavy Weapons Infantry).  His DD Form 214 also shows he reenlisted in Korea for 3 years on 18 February 1957.  

4.  He was honorably discharged on 2 April 1958 by reason of physical disability with entitlement to severance pay.  His last assignment and major command was Headquarters and Service Company, 6th Tank Battalion; however, he was discharged at Letterman Army Hospital, San Francisco, CA.

5.  He completed 2 years, 1 month, and 20 days of active service during this period and he previously had 2 years, 1 month, and 29 days of other service.  He also completed 1 year, 2 months, and 2 days of foreign service.  

6.  His DD Form 214 does not show any awards or decorations. 

7.  His DA Form 24 (Service Record) or DA Form 20 (Enlisted Qualification Record) which would have shown his conduct and efficiency ratings are not available for review with this case.

8.  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.  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.

9.  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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet several criteria 

including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal, the criterion for this award requires that the Soldier received excellent conduct and efficiency ratings throughout his service and had no convictions by court-martial.  Regrettably, there are no records to verify the applicant's conduct and efficiency ratings or the absence of derogatory information.  In the absence of evidence that shows he obtained excellent ratings and had no derogatory information that precluded him from receiving this award, there is insufficient evidence upon which to base award of the Army Good Conduct Medal.

2.  With respect to the Korea Defense Service Medal, although his DD Form 214 clearly shows he reenlisted in Korea on 18 February 1957, this confirms that he was in Korea at least on that date.  Additionally, although he completed 1 year, 2 months, and 2 days of foreign service, it is unclear where this foreign service was served.   Regretfully, in the absence of additional documentary evidence, it remains unclear if he completed 30 consecutive or for 60 nonconsecutive days in Korea.  As such, there is insufficient evidence to support awarding him the Korea Defense Service Medal. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case

are insufficient as a basis for correction of the records of the individual concerned.



________ _   _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)                                         AR20120008359





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ABCMR Record of Proceedings (cont)                                         AR20120008359



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