IN THE CASE OF:	  

		BOARD DATE:  27 June 2013

		DOCKET NUMBER:  AR20120021771 


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.

2.  The applicant states he does not know why he was not awarded the Army Good Conduct Medal.

3.  The applicant provides no additional evidence.  

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 30 September 1972.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) that was prepared upon his entry on active duty shows in:

* item 31 (Foreign Service) he served in Korea from 29 April 1973 through
5 May 1974
* item 38 (Record of Assignments):

* no unit of assignment entry for his service in Korea
* no conduct and efficiency ratings

4.  His DA Form 2-1 (Personnel Qualification Record), that was prepared on
15 August 1974, replaced the obsolete DA Form 20.  This form eliminated the requirement for conduct and efficiency ratings.

5.  His record shows he accepted non-judicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on:

* 7 April 1975 for failing to report to a field training exercise on 1 April 1975
* 31 July 1975 for failing to be at his appointed place of duty (barracks orderly) and disobeying the lawful order from his first sergeant to get out of bed, get dressed, and report for duty, both offenses occurring on 25 July 1975

6.  On 29 September 1975, he was honorably released from active duty (REFRAD) at the completion of required active service.  He completed 3 years of total active service, including 1 year and 7 months of foreign service.  The
DD Form 214 (Report of Separation from Active Duty) he was issued at the time shows he was awarded or authorized the National Defense Service Medal and the Armed Forces Expeditionary Medal.

7.  A review of his service record shows, aside from the two instances of NJP, no other derogatory information in the form of time lost, suspension of favorable personnel actions, or courts-martial that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal during the period 30 September 1972 through
29 September 1975.

* there is no evidence of record that indicates his commanders denied him award of the Army Good Conduct Medal during this period of service
* he met all his promotion gates (E-2, 30 January 1973; E-3, 13 April 1973; E-4, 21 March 1974)

8.  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.  There must have been no convictions by a court-martial.  While any record of NJP could be in conflict with recognizing the Soldier's service as exemplary, such record should not be viewed as automatically disqualifying.

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 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 honorably during the period 30 September 1972 through 29 September 1975.  Although his conduct and efficiency ratings are unknown between 30 September 1972 and June 1974, and he received two instances of NJP for minor offenses, his record does not contain any other derogatory information in the form of time lost, suspension of favorable personnel actions, or courts-martial that would disqualify him for the first award of the Army Good Conduct Medal.

2.  Additionally, there are no entries in his record to indicate his commander denied him this award.  He attained the rank/grade of SP4/E-4 and was REFRAD as such.  Therefore, it is reasonable to presume he met the criteria for and should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to this award.

3.  He served during a qualifying period of service for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

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 
30 September 1972 through 29 September 1975
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* 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)                                         AR20120021771



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ABCMR Record of Proceedings (cont)                                         AR20120021771



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