IN THE CASE OF:  	  

		BOARD DATE:  28 July 2015	  

		DOCKET NUMBER:  AR20140020923


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 retroactive award of the Army Good Conduct Medal (AGCM) and the Korea Defense Service Medal (KDSM), and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded or authorized the Army Achievement Medal (on two occasions), the AGCM, and the KDSM.

2.  The applicant states his DD Form 214 does not show the medals he earned during his period of service.

3.  The applicant provides:

* DD Form 214
* Permanent Orders 340-70, issued by Headquarters, 2nd Infantry Division on 6 December 1985
* Permanent Orders 124-44, issued by the 5th Personnel Service Company, Fort Polk, Louisiana on 1 July 1986
* DA Form 4036-R (Medical and Dental Preparation for Oversea Movement)
* Orders 278-355, issued by Headquarters, United States (U.S.) Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma on 4 October 1984
* Orders 320-237, issued by Headquarters, 2nd Infantry Division on          15 November 1984
* Orders 158-156, issued by Headquarters, 2nd Infantry Division on 7 June 1985
* Eighth Army (EA) Form 141 (Medical Clearance for CONUS (Continental U.S.) Returnees), dated 21 November 1985
* a certificate that shows he was presented the IMJIN Scout Insignia, for commendable service in the defense of freedom along the demilitarized zone in Korea, from 21 February to 18 April 1985
* a Certificate of Achievement from the 8th Battalion, 8th Field Artillery Regiment, for meritorious service and outstanding performance of duty, presented on 30 May 1985
* a travel itinerary documenting a flight that originated on 8 December 2014

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 11 July 1984.  After completing his initial entry training, he was awarded military occupational specialty 13F (Fire Support Specialist).  The highest rank/grade he attained during his period of active service was specialist four/E-4.

3.  Orders 278-355, issued by Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma on 4 October 1984, ordered him to proceed on a permanent change of station (PCS) move to 8th Personnel Command, U.S. Army Military Personnel Center, Enlisted Replacement Center, in the Republic of Korea, on or about 26 October 1984.

4.  Orders 320-237, issued by Headquarters, 2nd Infantry Division on                15 November 1984, relieved him from assignment with the 2nd Adjutant General Replacement Detachment and reassigned him to Headquarters and Headquarters Battery, 8th Battalion, 8th Field Artillery Regiment, effective         16 November 1984.

5.  Orders 158-156, issued by Headquarters, 2nd Infantry Division on 7 June 1985, attached him to Headquarters and Headquarters Company, 1st Battalion, 23rd Infantry Regiment, effective 7 May 1985.

6.  Permanent Orders 340-70, issued by Headquarters, 2nd Infantry Division on 
6 December 1985, awarded him the Army Achievement Medal for meritorious achievement from 26 November 1984 through 27 November 1985.

7.  He was medically cleared for return to CONUS on 21 November 1985.  His exact date of return to CONUS is unclear; however, it appears he was reassigned to Fort Polk, Louisiana upon his return.

8.  Permanent Orders 124-44, issued by the 5th Personnel Service Company, Fort Polk, Louisiana on 1 July 1986, awarded him the Army Achievement Medal (2nd Award) for meritorious achievement from 29 May 1986 through 23 June 1986.

9.  He was discharged from the Army on 31 October 1986.  His separation packet is not available for review; however, his DD Form 214 shows in – 

* item 4a (Grade, Rate or Rank) and item 4b (Pay Grade), he was discharged in the rank/grade of private/E-1
* item 12(c) (Net Active Service This Period), he was credited with completing 2 years, 3 months, and 21 days of total active service
* item 12(f) (Foreign Service), he was credited with completing 1 year and 16 days of foreign service
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the Army Service Ribbon and the Overseas Service Ribbon
* item 24 (Character of Service), his service was characterized as "under honorable conditions"
* item 25 (Separation Authority), he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14
* item 28 (Narrative Reason for Separation), he was discharged by reason of misconduct

10.  He provides 2 certificates that attest to his satisfactory performance of duty in the Republic of Korea.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

   a.  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 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 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.

   b.  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.  A commander's decision to award the AGCM will be based on his or her personal knowledge of the individual Soldier, and the individual's official records for the periods of service under previous commanders during the period for which the award is to be made.  However, there is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for retroactive award of the AGCM and the KDSM, and correction of his DD Form 214 to show he was awarded or authorized the Army Achievement Medal (on two occasions), the AGCM, and the KDSM was carefully considered.

2.  Permanent orders awarded him the Army Achievement Medal on two separate occasions.  These individual awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

3.  He served a qualifying period of service in the Republic of Korea; therefore, his DD Form 214 should be corrected to show he is authorized the KDSM.

4.  The evidence of record shows he was discharged under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct.  His complete record, including his separation packet, is not available for review; however, such misconduct is, by itself, sufficient to justify a commander's decision to deny award of the AGCM.  It can be assumed, based on the authority and reason for his discharge, that his commander at the time would not have supported his receipt of the AGCM.  Therefore, there is no basis to retroactively award him the AGCM or correct his DD Form 214 to show he was awarded the medal.

BOARD VOTE:
________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 to show he was awarded or authorized the Army Achievement Medal (2nd Award) and the KDSM.

2.  The Board further determined 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 retroactively awarding him the Army Good Conduct Medal, or to amending his DD Form 214 to show he was awarded the 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)                                         AR20100013301



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ABCMR Record of Proceedings (cont)                                         AR20140020923



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