IN THE CASE OF: BOARD DATE: 28 August 2012 DOCKET NUMBER: AR20120003994 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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the service medals he earned for his tour of duty in Korea. 2. The applicant states his record is in error. 3. The applicant provides his DD Form 214. 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's records show he was inducted into the Army of the United States on 15 July 1964 and he held military occupational specialty 91D (Operating Room Specialist). He served in Korea from 28 May 1965 to 27 June 1966 while assigned to the 44th Surgical Hospital. 3. On 28 June 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 14 days of creditable active service with no time lost. 4. The DD Form 214 he was issued shows the National Defense Service Medal. 5. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. His record is void of any convictions by a court-martial or a commander's disqualification for the first award of the Army Good Conduct Medal. 6. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rife Bar (M-14). 7. Army Regulation 672-5-1 (Military 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. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 8. Army Regulation 600-8-22 (Military Awards) states 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. DISCUSSION AND CONCLUSIONS: 1. The available evidence confirms the applicant served in Korea during a qualifying period for award of the Korea Defense Service Medal and he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), neither of which is shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 accordingly. 2. The available evidence shows he also served honorably from 15 July 1964 through 28 June 1966. He served in Korea and received all "excellent" conduct and efficiency ratings throughout his military service. His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (1st Award). Therefore it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show 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 exemplary behavior, efficiency, and fidelity during the period 15 July 1964 through 28 June 1966; and b. adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Korea Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) _______ _ __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) AR20120003994 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120003994 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1