BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120020261 


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 (Certificate of Release or Discharge from Active Duty) to show in:

* item 12f (Foreign Service) the entry "0007--02--00" vice "0006--02--00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Korea Defense Service Medal

2.  The applicant states his DD Form 214 does not reflect his service in Korea from 24 May 1994 to 19 April 1995.  Therefore, item 12f of his DD Form 214 is incorrect.  In addition, he served two tours in Germany from 1997 to 1980 and from 1983 to 1986.

3.  The applicant provides his DD Form 214, four orders, a U.S. Army Enlisted Records Center (USAEREC) Form 10B (Noncommissioned Officer (NCO) Evaluation Data Report), a Standard Form 1203B (U.S. Government Bill of Lading - Privately Owned Personal Property), and a page titled Korea Defense Service Medal.

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 records show he enlisted in the Regular Army on 1 March 1977 and he held military occupational specialties 91C (Practical Nurse) and 91B (Medical Specialist).  He was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 1 August 1986.

3.  On 28 February 1992, he was awarded him the Army Good Conduct Medal (5th Award) for the period 1 March 1989 through 28 February 1992.

4.  On 23 May 1994, he was awarded the Meritorious Service Medal for his meritorious service while serving as Wardmaster, Surgical Intensive Care Unit and Instructor, Practical Nurse Course, Womack Army Medical Center, Fort Bragg, NC.

5.  He was honorably retired on 30 June 1995 in the rank of SSG by reason of voluntary early retirement.  He completed 18 years and 4 months of creditable active service.

6.  The DD Form 214 he was issued shows in item 12f the entry "0006--02-00."

7.  Item 13 of his DD Form 214 shows award of the:

* Retirement Lapel Button
* Meritorious Service Medal
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal
* NCO Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  His record is void of a commander's disqualification or record of a court-martial conviction or other adverse action that would disqualify him for the sixth award of the Army Good Conduct Medal.

9.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he was credited with serving in:
* Germany - from 28 June 1977 to 9 August 1979 (2 years, 1 month, and 13 days)
* Germany - from 24 September 1985 to 14 September 1988 (2 years, 11 months,  and 22 days)
* Korea - from 24 May 1994 to 23 April 1995 (11 months)

10.  This foreign service equates to 6 years and 5 days.

11.  Army Regulation 600-8-22 (Military Awards) states the 

   a.  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.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  This statement will include the period of disqualification and will be referred to the individual concerned for response.  The unit commander will consider the affected individual’s statement.  If the commander’s decision remains the same, the commander will forward his or her statement, the individual’s statement, and his or her consideration for permanent filing in the individual’s Army Military Human Resource Record.

   c.  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.

   d.  Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

12.  Army Regulation 614-30 (Overseas Service), Table 3-2 (Award of tour credit and adjustment of date eligible to return from overseas/date of return from overseas (DROS)) states a Soldier will be credited with a completed tour and awarded a new DROS if he/she serves less than the normal prescribed overseas tour, and the curtailment is for the convenience of the Government and through no request from or fault of the Soldier.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Korea during a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  The evidence of record confirms he served honorably from 1 March 1992 through 28 February 1995.  He was awarded the Meritorious Service Medal during this period and was honorably retired on 30 June 1995.  His record is void of any derogatory information or a commander's disqualification that would have disqualified him from receiving the sixth award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the sixth award of the Army Good Conduct Medal for the period 1 March 1992 through 28 February 1995 based on completion of a qualifying period of service and to correct his DD Form 214 to show this award.

3.  With respect to the amount of foreign service listed in item 12f of his DD Form 214, the evidence of record confirms the applicant completed a total of 6 years and 5 days of foreign service in Germany and Korea while his DD Form 214 reflects 6 years and 2 months of foreign service.  Therefore, he is not entitled to this portion of the requested relief.

4.  Notwithstanding the foregoing, it is the policy of this Board to not disadvantage an applicant by making the record any worse off for having applied for a correction of a record.  Therefore, no action will be taken to correct item 12f of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  __x______  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 (6th Award) for the period 1 March 1992 through 28 February 1995
* Adding to his DD Form 214 the Army Good Conduct Medal (6th Award) and the Korea Defense Service Medal

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 12f of 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)                                         AR20120020261



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ABCMR Record of Proceedings (cont)                                         AR20120020261



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