IN THE CASE OF: BOARD DATE: 29 December 2009 DOCKET NUMBER: AR20090008765 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal. 2. The applicant states that she completed three consecutive years of service. 3. The applicant provides a copy of her DD Form 214 in support of her application. 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. After having prior active and inactive service, the applicant enlisted in the Regular Army on 2 April 1993. Her highest grade attained was specialist (SPC), E-4. She served in Korea from March 1995 to August 1995. 3. Her DA Form 2-1 (Personnel Qualification Record - Part II) does not list the Army Good Conduct Medal in Item 9 (Awards, Decorations, and Campaigns). 4. Her service personnel records do not contain any disciplinary actions. There is no evidence she was disqualified by her chain of command from receiving the first award of the Army Good Conduct Medal. 5. The applicant was honorably released from active duty on 5 September 1996 in the rank of SPC, E-4. She completed 3 years, 5 months, and 4 days of active military service with no days of lost time. 6. Her DD Form 214 does not show the Army Good Conduct Medal as an authorized award. 7. Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. 8. Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (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 Republic of Korea. The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area. The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. DISCUSSION AND CONCLUSIONS: 1. There is no evidence of record which shows the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 2 April 1993 through 1 April 1996. The applicant did not receive any disciplinary actions and was promoted to SPC during this period of service. 2. It appears that the applicant has met the requirements for the first award of the Army Good Conduct Medal for the period 2 April 1993 through 1 April 1996. 3. The applicant's service personnel records show she served a period of qualifying service for award of the KDSM and this award should be added to her DD Form 214. 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 her the first award of the Army Good Conduct Medal for the period 2 April 1993 through 1 April 1996; and b. amending her DD Form 214 to add award of the Army Good Conduct Medal and the KDSM. _______ _ 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) AR20090008765 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090008765 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1