IN THE CASE OF:	  

		BOARD DATE:	    29 October 2013

		DOCKET NUMBER:  AR20130004293 


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 (Report of Separation from the Armed Forces of the United States) to show the Army Good Conduct Medal, National Defense Service Medal, and Republic of Korea War Service Medal.

2.  He states his DD Form 214 only shows the Korean Service Medal and United Nations Service Medal.  While this may have been correct at the time of his release from active duty, in the past 10 to 15 years he has received the Army Good Conduct Medal and the National Defense Service Medal "from an Army installation."  In 2001, he applied for and received the Republic of Korea War Service Medal.  He would like these medals to be recorded on his DD Form 214. 

3.  He provides his DD Form 214.

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973.  It is believed most of his records were lost or destroyed in that fire.  This case is being considered using the DD Form 214 available in his reconstructed record.

3.  On 15 February 1952, the applicant was ordered to active duty from the Illinois National Guard.  He was a private at the time.  On 21 September 1953, he was honorably released from active duty in the temporary rank of corporal and returned to the Illinois National Guard.  He completed 1 year, 7 months, and 7 days of net service this period, and he had no lost time.  He had 9 months and 10 days of foreign service.  

4.  His DD Form 214 shows he was awarded or authorized the Korean Service Medal with two bronze service stars, the United Nations Service Medal, and an Overseas Service Bar.

5.  Army Regulation 600-65, 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.  A Soldier's conduct and efficiency ratings must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration would not be disqualifying.  There must have been no convictions by court-martial.  

6.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954. 

7.  Army Regulation 600-8-22 states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served honorably during the period 15 February 1952 through 21 September 1953.  There is no evidence of derogatory information which would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  In addition, he entered active duty as a private and he was separated as a corporal with no lost time.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service from 15 February 1952 through 21 September 1953 and to correct his DD Form 214 show this award.

2.  He served honorably on active duty during a period of eligibility for the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The available record shows he had 9 months and 10 days of foreign service and he was awarded the Korean Service Medal with two bronze service stars.  It is reasonable to presume he completed a sufficient period of service in Korea which would make him eligible for the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show the Republic of Korea War Service Medal.

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 (1st Award) for the period 15 February 1952 through 21 September 1953 and


	b.  adding to his DD Form 214 the –

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Korea War 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)                                         AR20130004293





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ABCMR Record of Proceedings (cont)                                         AR20130004293



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