IN THE CASE OF:	  

		BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20130015061 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Korea Defense Service Medal.  He also requests that his DD Form 214 be corrected to show he is a high school graduate.

2.  The applicant states the Korea Defense Service Medal was not awarded until after his discharge.  He states General Educational Development (GED) is equivalent to a High School Diploma and that he completed his GED at Camp Hovey, Korea in 1978.

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 U.S. Army Reserve (USAR) on 15 November 1977, in pay grade E-1.  His DD Form 1966/2 (Record of Military Processing – Armed Forces of the United States) shows he was not a high school graduate at the time of his enlistment.  He enlisted in the Regular Army on 5 January 1978.

3.  The applicant completed training as an indirect fire infantryman.  He arrived in Korea on 5 May 1978.  He was assigned to A Company, 1st Battalion, 38th Infantry, 2nd Infantry Division.  He was promoted through the ranks to pay grade E-4.

4.  On 7 May 1979, the applicant departed Korea en-route to the United States.  He was honorably released from active duty upon completion of his required service on 16 December 1980.  He was transferred to the USAR Control Group (Reinforcement).

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle M-16 and Grenade Bars.

6.  Item 16 (High School Graduate or Equivalent) on his DD Form 214 is marked "NO."

7.  Item 42 (Education Level) "Civilian and Code" on the applicant's DA Form 2-1 (Personnel Qualification Record – Part I) shows he had 2 years of high school.

8.  Item 26 (Civilian Education) on his DA Form 2-1 (Personnel Qualification Record – Part II) is marked" None."

9.  A review of the available records fails to reveal that the applicant ever received a GED while he was in the Army.  Further review of his records fails to reveal evidence of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.

10.  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 area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of 

eligibility for 30 consecutive or for 60 nonconsecutive days or meet several criteria including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

11.  Army Regulation 600-8-22 also states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for the award:

* Each 3 years completed on or after 27 August 1940
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  There is insufficient evidence in the available evidence, and the applicant has not provided sufficient evidence, showing that he received his GED while he was in the Army.  Therefore, it should not be shown that he did on his DD Form 214.

3.  The applicant is authorized Korea Defense Service Medal and the Army Good Conduct Medal and his DD Form 214 should be amended to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Awarding the applicant the Army Good Conduct Medal (1st Award) for the period 5 January 1978 through 16 December 1980; and

	b.  Amending his DD Form 214 to add the Army Good Conduct Medal and the Korea Defense Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending item 16 on his DD Form 214 to show he received a GED.  




      _______ _   __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)                                         AR20130015061



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ABCMR Record of Proceedings (cont)                                         AR20130015061



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