IN THE CASE OF: BOARD DATE: 13 September 2012 DOCKET NUMBER: AR20120004729 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 award of the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), and the Korea Defense Service Medal (KDSM). 2. The applicant states he cannot find the orders for his ARCOM. 3. The applicant provides copies of: * DD Form 214 * DA Form 2349 (Military Pay Voucher) for the month of June 1971 * 2nd Infantry Division Motor Vehicle Operator's Identification Card * Fort Sill (FS) Form 97-R (Certificate of Proficiency) for the period 18-22 May 1970 * General Orders Number 232, Fort Lewis, Washington, dated 2 November 1971 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. On 19 January 1970, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 13B (Field Artillery Crewman). 3. On 19 June 1970, the applicant was assigned for duty as a cannoneer with Battery B, 1st Battalion, 15th Artillery Regiment, located in the Republic of Korea (ROK). He served with this unit in the ROK until 12 July 1971, when he returned to the United States. 4. On 11 August 1971, the applicant was assigned for duty as a gunner with the Howitzer Battery, 3rd Squadron, 3rd Armored Cavalry Regiment, located at Fort Lewis, Washington. 5. General Orders Number 232, Fort Lewis, Washington, dated 2 November 1971, awarded the applicant the Army Good Conduct Medal for the period 19 January 1970 to 19 November 1971. 6. On 20 November 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of sergeant, pay grade E-5 and he had completed 1 year, 10 months, and 2 days of creditable active duty service. 7. The applicant's DD Form 214 lists his decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized as: * National Defense Service Medal * Armed Forces Expeditionary Medal * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar 8. Army Regulation 600-8-22 (Military Awards) provides for award of the KDSM. The KDSM was authorized by Section 543, National Defense Authorization Act, 2003. It 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 and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his DD Form 214 to show award of the ARCOM, AGCM and the KDSM. 2. Records show the applicant served in the ROK during a qualifying period for award of the KDSM. Therefore, his records should be corrected to show this award. 3. General orders were published awarding the AGCM to the applicant. Therefore, this medal should be listed on his DD Form 214. 4. The applicant contends that he was awarded the ARCOM. However, there are no available orders in his records and he has not provided any such orders to support his contention. Therefore, this portion of his request should be denied. 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 add award of the Army Good Conduct Medal and the Korea Defense Service Medal. 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 award of the Army Commendation 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) AR20120004729 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120004729 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1