IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150000955
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 he was awarded or authorized the Korea Defense Service Medal.
2. The applicant states the Korea Defense Service Medal does not appear on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, an extract of his DA Form 20 (Enlisted Qualification Record), and a claim form from the State of Illinois Department of Veterans Affairs, dated 1 February 2015.
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. Following prior enlisted service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 15 February 1957. He held military occupational specialty 951.10 (Military Police) and attained the rank/grade of private first class (PFC)/E-3.
3. His record contains two DA Forms 24 (Service Record) and a DA Form 20 (Enlisted Qualification Record), which show he was assigned to U.S. Army Support Group, Joint Security Area (JSA), Army Post Office Number 24 (Korea) from 7 May 1958 to 1 May 1959.
4. He was honorably released from active duty on 12 February 1960. His DD Form 214 shows he completed 2 years, 11 months, and 28 days of net active service, of which 1 year and 28 days were credited as foreign service. His DD Form 214 did not list any awards.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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.
6. A review of his service records shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial
punishment, or suspension of favorable personnel actions that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 15 February 1957 to 12 February 1960.
7. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Korea during a qualifying period for award of the Korea Defense Service Medal. This award is not shown on his DD Form 214.
2. He served honorably during the period 15 February 1957 to 12 February 1960. There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal. Additionally, he received "excellent" conduct and efficiency ratings. It appears he met the criteria for 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
15 February 1957 to 12 February 1960; and
b. adding to his DD Form 214 the Army Good Conduct Medal (1st 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.
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