IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140003257
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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal (AGCM).
2. The applicant states he always thought he earned the AGCM but the award is not recorded on his DD Form 214. After months of searching, he finally found a DA Form 137 (Installation Clearance Record) that shows he received the award.
3. The applicant provides a DD Form 214 and a DA Form 137.
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 7 August 1967.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 20 January 1968 to 12 January 1969. It also shows he received all "excellent" conduct and efficiency ratings throughout his active duty service.
4. His record is void of derogatory information or a unit commander's disqualification that would have precluded him from being awarded the AGCM.
5. There are no orders in the available military records that show he was awarded the AGCM.
6. His DD Form 214 shows he was honorably released from active duty on
12 June 1970 in the rank of sergeant after completing 2 years, 10 months, and
6 days of active duty service. It further shows he was awarded or authorized the Armed Forces Expeditionary Medal (Korea), National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
7. He provides a DA Form 137 that shows his conduct and efficiency ratings were rated as "excellent" and that he was recommended for the AGCM.
8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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. The enlisted person must have had all "excellent" conduct and efficiency ratings.
9. 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show the AGCM has been carefully considered.
2. The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the AGCM. Evidence also shows he was recommended for the AGCM. Therefore, it would be appropriate to award him the first award of the AGCM for the period 7 August 1967 to 12 June 1970 and to add this award to his DD Form 214.
3. Based on his service in Korea, he is authorized the Korea Defense Service Medal and correction of his DD Form 214 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 (1st Award) for the period
7 August 1967 to 12 June 1970; and
b. adding the Army Good Conduct Medal (1st Award) and Korea Defense Service Medal 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) AR20140003257
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