IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140017738
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 Korea Defense Service Medal (KDSM).
2. He states, in effect, the KDSM was recently authorized.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. He was inducted into the Army of the United States on 25 September 1967.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea (ROK) from 8 February 1968 to 29 May 1969.
4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service.
5. His record is void of any other derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).
6. On 30 May 1969, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 (temporary). He completed 1 year, 8 months, and 6 days of creditable active service with no lost time.
7. His DD Form 214 shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) award of the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Expeditionary Medal - Korea
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
9. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. It 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 ROK. 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 confirms he served in the ROK during a qualifying period for award of the KDSM. Therefore, he is authorized correction of his DD Form 214 to show this award.
2. He served honorably from 25 September 1967 to 30 May 1969. He attained the rank of SGT and he received all "excellent" conduct and efficiency ratings throughout his military service. His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the AGCM (1st Award). Therefore, it would be appropriate to award him this medal and correct his DD Form 214 accordingly.
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
25 September 1967 through 30 May 1969; and
b. adding the following awards to his DD Form 214
* Army Good Conduct Medal (1st Award)
* 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) AR20140017738
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