IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140005696
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 and the Korea Defense Service Medal.
2. The applicant states he believes he is entitled to the above awards.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and one page of his DA Form 2-1 (Personnel Qualification Record - Part II).
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 8 January 1985, completed training, and was awarded military occupational specialty 95B (Military Police). He reenlisted on 12 November 1987 and 24 March 1989.
3. The applicant's DA Form 2-1 shows the following
* advancement to sergeant, E-5
* service in Korea from 27 May 1985 through 23 May 1986
* award of the Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon with Numeral 1, Army Achievement Medal, Driver and Mechanic Badge with Driver - W Bar, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar
4. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.
5. On 22 May 1990, the applicant was honorably released from active duty. His DD Form 214 lists the applicant's awards as the Army Lapel Button, Army Service Ribbon, Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon with Numeral 1, Expert Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Pistol Bar, Army Achievement Medal, and the Driver and Mechanic Badge with Driver - W Bar.
6. Army Regulation 600-8-22 (Military Awards) provides the following:
a. the Army Good Conduct Medal 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 active Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.
b. the Korea Defense Service Medal was created in 2002 and 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 from 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.
DISCUSSION AND CONCLUSIONS:
1. The Korea Defense Service Medal was created after the applicant's release from active duty but is awarded retroactive to the end of the Korean War. The applicant served in Korea during a qualifying period for this award; therefore, it would be appropriate to award him this medal and include it on his DD Form 214.
2. The record contains no indication of any disqualifying incidents or recommendations that would have prevented the applicant from award of the first award of the Army Good Conduct Medal nor is there any written notice of nonfavorable consideration. Therefore, it would be appropriate to award the applicant the Good Conduct Medal for his period of service from 8 January 1985 through 7 January 1988 and include it on his DD Form 214.
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 the applicant the Army Good Conduct Medal (First Award) for his period of service from 8 January 1985 through 7 January 1988; and
b. adding to his DD Form 214 the Army Good Conduct Medal (First Award) and the 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) AR20140005696
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140005696
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110003846
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The applicant requests correction of his DD Form 214 to show two awards of the HSM and one award of the KDSM.
ARMY | BCMR | CY2010 | 20100007116
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his awards of the Army Commendation Medal (3rd award), Army Good Conduct Medal (2nd award), Iraq Campaign Medal with two bronze service stars, and the Korea Defense Service Medal. Therefore, it would be appropriate to award the applicant the third award of the Army Good Conduct Medal for the period 3 March 2000 through 2 March 2003 and correct his DD Form 214 to show this...
ARMY | BCMR | CY2010 | 20100023808
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Korea and to show award of the Korea Defense Service Medal. The evidence of record shows the applicant served in Korea during a qualifying period of service for award of the Korea Defense Service Medal which is not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2013 | 20130017234
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 20 December 1993 to add the Korea Defense Service Medal and his service in Korea. He served in Korea from 1984 to 1985 and needs his record corrected to show this service. The evidence of record shows the applicant served on active duty in Korea from 21 May 1984 to 20 May 1985, a period of 1 year.
ARMY | BCMR | CY2013 | 20130020064
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Kuwait Liberation Medal and the Southwest Asia Service Medal. The dates he served in Southwest Asia are on his DD Form 214, but the awards are not listed. The applicant served during a qualifying period for award of the Korea Defense Service Medal, the Southwest Asia Service Medal with 2 bronze service stars, the KLM-SA, and the KLM-KU.
ARMY | BCMR | CY2013 | 20130017055
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 October 2002 to show award of the Army Commendation Medal and any other missing awards and decorations. Prior to his discharge on 16 October 2002, records show the applicant was awarded the Army Commendation Medal (2nd Award) and the Driver and Mechanic Badge with Driver-W Bar. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2014 | 20140018897
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Meritorious Service Medal and two awards of the Overseas Service Ribbon. PO awarded the applicant two awards of the Meritorious Service Medal.
ARMY | BCMR | CY2013 | 20130003590
He served in Korea during a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 to show this award. The evidence of record does not show and the applicant has not provided any evidence that shows he directly participated in an operation for which the Humanitarian Service Medal was authorized. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...
ARMY | BCMR | CY2011 | 20110023840
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the: * Army Achievement Medal (2 Awards) * Army Good Conduct Medal * Presidential Unit Citation (Army) * Meritorious Unit Citation * Korean Presidential Unit Citation * French Fourragere * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16A1) 2. Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct,...
ARMY | BCMR | CY2009 | 20090003919
The applicant's records do not contain any adverse information, records show he served honorably and was awarded the Meritorious Service Medal during this period of service, and there is no evidence the applicant's commander denied him award of the Good Conduct Medal. Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal (6th Award). As a result, the Board recommends that all Department of the Army records of the...