IN THE CASE OF:
BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130008361
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 Good Conduct Medal (AGCM) and the Korea Defense Service Medal (KDSM).
2. The applicant states he was not awarded the AGCM and he was never in any trouble during his 3 years of service. He also states that most of his time was served in Korea and he should have the KDSM added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a copy of 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 enlisted in the Regular Army on 17 September 1969 for a period of 3 years and training as a medical lab specialist. He completed his basic training at Fort Jackson, South Carolina and was transferred to Fort Sam Houston, Texas to undergo his advanced individual training. He completed his training and remained at Fort Sam Houston until he was transferred to Korea on 4 May 1971.
3. He departed Korea on 14 September 1972 and was honorably released from active duty on 16 September 1972 due to the expiration of his term of service. He had served 3 years of active service and was awarded the National Defense Service Medal and Armed Forces Expeditionary Medal.
4. A review of his official records shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.
5. Army Regulation 600-8-22 (Military Awards) states the AGCM 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 AGCM, disqualification must be justified.
6. Army Regulation 600-8-22 also states the KDSM 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 evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his service. His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM. Therefore, he should be awarded the AGCM (1st Award) for the period 17 September 1969 through 16 September 1972 and his DD Form 214 should be corrected to show this award.
2. The applicant also served during a qualifying period for award of the KDSM. Accordingly, it should be added to his DD Form 214 as well.
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 AGCM (1st Award) for the period 17 September 1969 through 16 September 1972
* adding the awards of the AGCM (1st Award) and KDSM to 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) AR20130008361
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ABCMR Record of Proceedings (cont) AR20130008361
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