BOARD DATE:	  17 September 2013

		DOCKET NUMBER:  AR20130002791 


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) for the period ending 19 December 1969 to show the:

* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* Korea Defense Service Medal

2.  The applicant states he had "excellent" conduct and efficiency ratings throughout his 8 years of service.  He feels he was never considered for the award of the Army Good Conduct Medal.  He meets the qualification for the award of the Armed Forces Expeditionary Medal based on his service in Korea.  He also meets the requirement for the Korea Defense Service Medal based on his service in Korea.

3.  The applicant provides his:

* DD Form 214 for the period ending 19 December 1963
* DD Form 214 for the period ending 19 December 1969
* 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.  On 14 November 1961, the applicant enlisted in the Regular Army for a period of 3 years.

3.  He was assigned to Headquarters Battery, 1st Cavalry Division Artillery in Korea from 1 August 1962 through 25 July 1963.

4.  On 19 December 1963, he was honorably discharged for the purpose of immediate reenlistment.  He completed 2 years, 1 month, and 6 days of total active service.  His DD Form 214 for this period of service shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  On 20 December 1963, while assigned to Fort Riley, KS, he immediately reenlisted for a period of 6 years.

6.  He was further assigned to Troop A, 4th Squadron, 7th Cavalry in Korea from 
10 March 1967 to 5 April 1968.  He was promoted to staff sergeant (SSG)/E-6 on 18 August 1967.

7.  On 19 December 1969, he was honorably discharged at the expiration of his term of service.  He completed 6 years of net service this period for 8 years,
1 month, and 6 days of total active service.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.  His records do not show indiscipline, time lost, or any adverse information.  There is also no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal 

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 
30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Table 2-2 lists designated U.S. Military Operations and the dates of eligibility for the Armed Forces Expeditionary Medal. Korea is listed among the operations and the dates of eligibility are from 
1 October 1966 to 30 June 1974.

	b.  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.  Only one award of the Korea Defense Service Medal is authorized for any individual.

10.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show indiscipline or time lost, he received all "excellent" conduct and efficiency ratings throughout his military service, and he was promoted to SSG/E-6.  The preponderance of evidence shows the applicant is entitled to the Army Good Conduct Medal for the following periods of service:

* 14 November 1961 through 13 November 1964 (1st Award)
* 14 November 1964 through 13 November 1967 (2nd Award)

2.  Therefore, he should be awarded the Army Good Conduct Medal for the above periods and his DD Form 214 for the period ending 19 December 1969 should be corrected to show the Army Good Conduct Medal (2nd Award).

3.  He served during a qualifying period of service in Korea for entitlement to the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this award.
4.  He served during a qualifying period of service in Korea 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:

	a.  awarding him the Army Good Conduct Medal for the period:

* 14 November 1961 through 13 November 1964 (First Award)
* 14 November 1964 through 13 November 1967 (Second Award)

	b.  adding to his DD Form 214 for the period ending 19 December 1969 the:

* Army Good Conduct Medal (2nd Award)
* Armed Forces Expeditionary Medal
* 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)                                         AR20130002791



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ABCMR Record of Proceedings (cont)                                         AR20130002791



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