IN THE CASE OF:	  

		BOARD DATE:	    30 July 2013

		DOCKET NUMBER:  AR20120022603 


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 (6th Award) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Army Good Conduct Medal (6th Award) and the Korea Defense Service Medal.

2.  The applicant states he was due to receive the Army Good Conduct Medal on 
31 October 1992 but never received the award.  Additionally, the Korea Defense Service Medal was an award that was approved after his retirement.

3.  The applicant provides pages 1 and 4 of his DA Form 2-1 (Personnel 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 1 November 1974 and served through several reenlistments and extensions.  He held military occupational specialties 11C (Indirect Fire Infantryman), 71L (Administrative Specialist), and 75Z (Personnel Sergeant), served in a variety of stateside and overseas assignments, and attained the rank/grade of sergeant first class/E-7.

3.  His DA Form 2-1 shows he served in Korea from 29 July 1993 to 28 July 1994 and was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal (2nd Award)
* Army Good Conduct Medal (5th Award)
* Army Commendation Medal (4th Award)
* Noncommissioned Officer Professional Development Ribbon with 
Numeral 3
* Expert Infantryman Badge
* Air Assault Badge
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (45 Caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Permanent Orders (PO) Number 168-39, issued by Headquarters, Fort Devens, MA, on 10 October 1989, awarded him the Army Good Conduct Medal (5th Award) for the period 1 November 1986 through 31 October 1989.

5.  His record contains a memorandum issued by the 509th Personnel Service Company, Korea, on 30 August 1993, requesting that his commander submit a copy of the orders awarding him the Army Good Conduct Medal (6th Award) for the period November 1989 through October 1992.

6.  His records do not contain orders for award of the Army Good Conduct Medal (6th Award). 

7.  He retired from active duty on 31 October 1994.  His DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal (4th Award)
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal (2nd Award)
* Army Service Ribbon
* Noncommissioned Officer Professional Development Ribbon (Numeral 3)
* Overseas Service Ribbon (Numeral 3)
* Air Assault Badge
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (45 Caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  Army Regulation 600-8-22 (Military Awards) 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.  In instances of disqualification as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.  

9.  A review of the applicant's service record does not contain a disqualification statement from his commander.  Additionally his record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the sixth award of the Army Good Conduct Medal.  

10.  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 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.  His record reflects five awards of the Army Good Conduct Medal, the last of which was for the period 1 November 1986 to 31 October 1989.  His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, a suspension of favorable personnel actions, or a disqualification letter from his commander that would disqualify him for the Army Good Conduct  Medal (6th Award) during the period 1 November 1989 through 31 October 1992. Additionally he received an honorable retirement.  Therefore, it appears he met the criteria for the Army Good Conduct Medal (6th Award).  As such, he is entitled to correction of his DD Form 214 to add this award. 

2.  He served in Korea from 29 July 1993 to 28 July 1994, which is a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to add 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 (6th Award) for the period 
1 November 1989 through 31 October 1992 
* deleting the Army Good Conduct Medal (5th Award) from his 
DD Form 214 
* adding to his DD Form 214 the:  

* Army Good Conduct Medal (6th 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)                                         AR20120022603





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ABCMR Record of Proceedings (cont)                                         AR20120022603



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