IN THE CASE OF:
BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120010998
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 (Armed Forces of the United States Report of Transfer or Discharge) to show this award and the Korea Defense Service Medal.
2. The applicant states the Korea Defense Service Medal was not available when he was discharged.
3. The applicant provides a copy of his:
* DD Form 214
* order showing he was reassigned within Korea
* a document showing he was treated at the 121st Evacuation Hospital from 9 to 15 December 1958
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's complete 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 that his records were apparently damaged in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's records show he enlisted in the Regular Army on 11 October 1956 and he held military occupational specialty 951 (Military Policeman).
4. His DA Form 24 (Service Record) shows in Section 4 (Chronological Record of Military Service) that he was assigned in Korea from 23 May 1958 to 1 May 1959.
5. It also shows he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.
6. He was honorably released from active duty on 9 October 1959 as a specialist four/E-4. He had completed 2 years, 11 months, and 29 days of active service. Item 26 (Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows "NONE."
7. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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 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 with no convictions by a court-martial.
8. 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification. Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award).
2. The available evidence shows the applicant served in Korea from 23 May 1958 to 1 May 1959. By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show the Korea Defense Service Medal.
3. His DD Form 214 should be corrected to show the above medals.
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 the period
11 October 1956 to 9 October 1959
* adding to item 26 of his DD Form 214 the Army Good Conduct Medal 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) AR20110009139
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120010998
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