BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20150014842 BOARD VOTE: __x_______ ___x____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20150014842 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 7 June 1973 through 6 December 1974 and b.  adding the following awards to his DD Form 214 – * Army Good Conduct Medal (1st Award) * 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. BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20150014842 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 Army Good Conduct Medal. 2. The applicant states: a.  He was told he earned the Army Good Conduct Medal while he was in Korea, but it would be awarded once he was stateside. However, this did not happen. b.  He desires the recognition for his own personal reasons and he wants to pass the medal on to his two sons. 3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty). 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 was inducted into the Army of the United States on 7 June 1973. 3. He served in Korea during the period 22 October 1973 through 21 October 1974. While in Korea, he was assigned as follows: * 199th Personnel Services Company with duty with the 24th Administration Services Detachment from 27 October 1973 to 23 January 1974 * 24th Administration Services Detachment from 24 January 1974 to on or about 21 October 1974 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar * Armed Forces Expeditionary Medal 5. On 6 December 1974, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). 6. His DD Form 214 shows in: * item 18c (Total Active Service) – 1 year and 6 months * item 21 (Time Lost) – 31 days * item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar * Armed Forces Expeditionary Medal (Korea) * item 27 (Remarks), in part – excess leave in the amount of 31 days 7. On 27 January 1976, he was issued a DD Form 215 (Correction to DD Form 214) showing the following corrections: * item 21 – 30 days of excess leave * item 27 – deleted excess leave in the amount of 31 days and added 30 days of excess leave from 25 October 1974 to 24 November 1974 8. His records show his conduct and efficiency were rated as "excellent" during basic training. His following assignments were not rated. His records are void of documentation showing he was awarded the Army Good Conduct Medal. There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 2. 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 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: 1. The applicant served honorably during the period 7 June 1973 through 6 December 1974 for a total of 1 year and 6 months of creditable active service. 2. He received "excellent" conduct and efficiency ratings for the only rated period with no disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. 3. He served a qualifying period in Korea for award of the Korea Defense Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014842 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014842 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2