BOARD DATE: 28 July 2009 DOCKET NUMBER: AR20090003888 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, in effect, award of the Korea Defense Service Medal (KDSM) and the Republic of Korea War Service Medal (ROKWSM). 2. The applicant states, in effect, that the KDSM and ROKWSM were authorized subsequent to his discharge from the Army. 3. The applicant provides a copy of his DD Form 2765 (Department of Defense/Uniformed Services Identification and Privilege Card) in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant's military record shows he enlisted in the Regular Army (RA) and entered active duty on 2 December 1981 and was trained in and awarded military occupational specialty 64C (Motor Transport Operator). His record also shows he was promoted to private first class (PFC) on 1 November 1982 and that this is the highest rank he attained while serving on active duty. 2. The applicant's DA Form 2-1 (Personnel Qualification Record) shows that he served in the Republic of Korea from 3 May 1982 to 29 April 1983. 3. The applicant's military record contains no indication that the applicant committed any infractions that would have disqualified him from receiving the Army Good Conduct Medal (AGCM) and it is void of a unit commander disqualification that would have precluded award of the AGCM. 4. On 5 August 1983, the applicant was honorably discharged in the rank of PFC, after completing 1 year, 8 months, and 4 days of active military service. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) that he earned the Army Service Ribbon, Overseas Service Ribbon, and Marksman Marksmanship Qualification Badge with Rifle Bar during his active duty tenure. 5. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-20 of the awards regulation provides that the KDSM is authorized to be awarded to members who served on active duty in Korea for 30 consecutive or 60 non-consecutive days after 28 July 1954 to a date to be determined. 6. Paragraph 9-16 of Army Regulation 600-8-22 contains guidance on the ROKWSM. It states, in pertinent part, that it is authorized to members who served in Korea for 30 consecutive or 60 non-consecutive days between 25 June 1950 and 27 July 1953. 7. Chapter 4 of Army Regulation 600-8-22 provides guidance on awarding the AGCM. It states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. It further states that the normal qualifying period for the AGCM is 3 years; however, in the case of the first award, a period of more than 1 year is a qualifying period when it is awarded at the termination of a period of military service. There is no automatic entitlement to the AGCM; however, disqualification must be justified. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he is entitled to the KDSM was carefully considered and found to have merit. By regulation, the KDSM is authorized to members who served in Korea for 30 consecutive or 60 non-consecutive days after 28 July 1954. The evidence of record confirms the applicant served in Korea for 11 months and 27 days between 3 May 1982 and 29 April 1983. Thus, it would be appropriate to add this award to his record and DD Form 214 at this time. 2. The applicant's contention that he should be awarded the ROKWSM was also carefully considered. However, by regulation, this award is only authorized to members who served in Korea between 25 June 1950 and 27 July 1953. As a result, given the applicant did not serve in Korea during the qualifying period, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 3. The applicant's record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM. Therefore, it would also be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 2 December 1981 through 5 August 1983 and to add it to his DD Form 214 at this time. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 showing he is eligible for the Korea Defense Service Medal based on his qualifying service in Korea and by awarding him the first award of the Army Good Conduct Medal for his qualifying period of honorable active duty service from 2 December 1981 through 5 August 1983, by adding the Army Good Conduct Medal and Korea Defense Service Medal to item 13 of his DD Form 214, and by providing him a correction to his DD Form 214 that includes these changes. 2. The Board further determined that 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 Republic of Korea War 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) AR20090003888 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003888 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1