IN THE CASE OF: BOARD DATE: 13 January 2015 DOCKET NUMBER: AR20140009016 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 (Report of Separation from the Armed Forces of the United States) to show award of the Army Good Conduct Medal. 2. The applicant states he served two years in the active Army and four years in the U.S. Army Reserve (USAR). After speaking with a friend who served the same amount of time and who was issued the Army Good Conduct Medal, he approached a Veterans of Foreign Wars (VFW) Service Officer for assistance. 3. The applicant provides a copy of his DD Form 214. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Although the applicant lists a VFW Service Officer as Counsel, he did not render a request on the applicant's behalf. 2. Counsel provides no additional statement. 3. Counsel provides no additional evidence. 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 military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered based on the applicant's DD Form 214. 3. The applicant was inducted into the Army of the United States and entered active duty on 3 November 1950. On 6 October 1952, he was honorably released from active duty in the rank of sergeant (SGT) and transferred to the USAR. He was credited with completing 1 year, 11 months, and 4 days of active duty service of which 1 year, 2 months, and 10 days was listed as foreign service with no lost time. 4. His DD Form 214 shows he was awarded the: * Combat Infantryman Badge * Army of Occupation Medal with Japan clasp * Korean Service Medal with two bronze service stars * United Nations Service Medal * Presidential Unit Citation 5. Army Regulation 600-65 (Service 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. 6. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 7. Army Regulation 600-8-22 further states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. DISCUSSION AND CONCLUSIONS: 1. The available record indicates the applicant served honorably throughout his active duty service from 3 November 1950 through 6 October 1952. He served overseas for the majority of his military service, attained the rank of SGT, and was honorably separated in that rank. His DD Form 214 confirms he had no lost time and his transfer to the USAR confirms he was eligible for further service at the time of his release from active duty. 2. In the absence of derogatory information that would show he had been disqualified for the Army Good Conduct Medal, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award. 3. The applicant served a qualifying period of service for award of the National Defense Service Medal; therefore, his records should be corrected to show this award. 4. While the applicant’s DD Form 214 does not provide the specific dates the applicant served in Korea, it does confirm he completed 1 year, 2 months, and 10 days of foreign service between 1950 and 1953 and he was awarded the Korean Service Medal with two bronze service stars. This is sufficient evidence to confirm his service in Korea. Therefore, based on his qualifying period of service in Korea he is entitled to the Republic of Korea War Service Medal and correction of is 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 the period 3 November 1950 through 6 October 1952; and b. adding to his DD Form 214 the Army Good Conduct Medal (1st Award), the National Defense Service Medal, and 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) AR20140009016 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140009016 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1