IN THE CASE OF: BOARD DATE: 4 November 2014 DOCKET NUMBER: AR20140005696 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 award of the Good Conduct Medal and the Korea Defense Service Medal. 2. The applicant states he believes he is entitled to the above awards. 3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and one page of his DA Form 2-1 (Personnel Qualification Record - Part II). 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 enlisted in the Regular Army on 8 January 1985, completed training, and was awarded military occupational specialty 95B (Military Police). He reenlisted on 12 November 1987 and 24 March 1989. 3. The applicant's DA Form 2-1 shows the following – * advancement to sergeant, E-5 * service in Korea from 27 May 1985 through 23 May 1986 * award of the Army Service Ribbon, Noncommissioned Officer Professional Development Ribbon with Numeral 1, Army Achievement Medal, Driver and Mechanic Badge with Driver - W Bar, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar 4. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal. 5. On 22 May 1990, the applicant was honorably released from active duty. His DD Form 214 lists the applicant's awards as the Army Lapel Button, Army Service Ribbon, Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon with Numeral 1, Expert Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Pistol Bar, Army Achievement Medal, and the Driver and Mechanic Badge with Driver - W Bar. 6. Army Regulation 600-8-22 (Military Awards) provides the following: a. 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 active Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. b. the Korea Defense Service Medal was created in 2002 and 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 from 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. DISCUSSION AND CONCLUSIONS: 1. The Korea Defense Service Medal was created after the applicant's release from active duty but is awarded retroactive to the end of the Korean War. The applicant served in Korea during a qualifying period for this award; therefore, it would be appropriate to award him this medal and include it on his DD Form 214. 2. The record contains no indication of any disqualifying incidents or recommendations that would have prevented the applicant from award of the first award of the Army Good Conduct Medal nor is there any written notice of nonfavorable consideration. Therefore, it would be appropriate to award the applicant the Good Conduct Medal for his period of service from 8 January 1985 through 7 January 1988 and include it on his 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 the applicant the Army Good Conduct Medal (First Award) for his period of service from 8 January 1985 through 7 January 1988; and b. adding to his DD Form 214 the Army Good Conduct Medal (First 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. ABCMR Record of Proceedings (cont) AR20140005696 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140005696 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1