BOARD DATE:	    4 June 2013

		DOCKET NUMBER:  AR20120019158 


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 believes his eligibility for the Army Good Conduct Medal was overlooked.  He served in the Regular Army from 1953 through 1960 and completed his 8-year service obligation in the U.S. Army Reserve (USAR).  His service included three tours of duty in Korea.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DA Form 24 (Service Record), and DA Form 20 (Enlisted Qualification Record).

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 26 October 1953 and immediately reenlisted on 23 September 1955.

3.  He was honorably released from active duty as an oversees returnee on 14 December 1960 and transferred to the USAR.  He completed 7 years, 1 month, and 19 days of active duty service with no lost time.

4.  His DD Form 214 shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, United Nations Service Medal, and Korean Service Medal.

5.  His DA Form 24 shows:

	a.  three periods of service in Korea:

* 6 July 1954-29 October 1955
* 27 July 1957-24 April 1959
* 3 January-28 November 1960

	b.  promotion to specialist four/E-4 on 17 September 1957, specialist five/E-5 on 29 April 1968, and conversion to sergeant/E-5 on 1 July 1959; and

	c.  his conduct and efficiency ratings as "excellent" or "unknown" except for one period of "good" ratings from 5 August-14 November 1957.

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or courts-martial that would suggest he was considered not eligible for award of the Army Good Conduct Medal.

7.  Army Regulation 600-65 (Service Medals), 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 the 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

8.  Army Regulation 600-8-22 (Military Awards), currently in effect, states 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.  The immediate unit commander's decision to award the Army Good Conduct Medal will be based on his or her personal knowledge and of the individual's official records for periods of service under previous commanders during the period for which the award is to be made.  The lack of official disqualifying comment by such previous commanders qualifies the use of such period toward the award by current commander.

9.  Army Regulation 600-8-22 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.  The applicant served during the period for which the Korea Defense Service Medal is authorized.  This award was not created until after his release from active duty; hence, it is not currently shown on his DD Form 214.  It is appropriate to correct his records to show he is authorized this award.

2.  The applicant served on active duty for more than 3 years before receiving ratings of "good" for the 3-month period 5 August-14 November 1957.  He continued to receive "excellent" ratings from 15 November 1957 through his release from active duty on 14 December 1960.

3.  His receipt of "good" ratings for the period 5 August-14 November 1957 was a disqualifying factor for award of the Army Good Conduct Medal during the period beginning 26 October 1956.  His next period of eligibility would therefore begin on 15 November 1957.

4.  The available record contains no other indication of any disqualifying factors for eligibility for award of the Army Good Conduct for his periods of service prior to 5 August 1957 or after 14 November 1957.

5.  In the absence of any disqualifying factors for his 3-year periods of service before and after receipt of his "good" ratings, it would be appropriate to award him the Army Good Conduct Medal as follows:
* 1st Award – 26 October 1953-25 October 1956
* 2nd Award – 15 November 1957-14 November 1960

6.  Based on the above facts and findings, it would also be appropriate to correct the applicant's DD Form 214 to show award of the Army Good Conduct Medal (2nd Award) and Korea Defense Service 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 the applicant the Army Good Conduct Medal (1st Award) for the period 26 October 1953-25 October 1956;

	b.  awarding the applicant the Army Good Conduct Medal (2nd Award) for the period 15 November 1957-14 November 1960; and

	c.  adding award of the Army Good Conduct Medal (2nd Award) 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)                                         AR20120019158



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ABCMR Record of Proceedings (cont)                                         AR20120019158



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