IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017377 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 IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017377 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends correction of all Department of the Army records of the individual concerned by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 3 June 1966 to 2 June 1969; and b. adding to his DD Form 214 the: * 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. IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017377 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 (Armed Forces of the United States Report of Transfer or Discharge) and his military record to show the Korea Defense Service Medal (KDSM). 2. The applicant states the KDSM will be proof of his Korean service. 3. The applicant provides a copy of 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 military records are not available to the Board for review. Information from the National Archives and Records Administration (NARA) reveals another agency signed out the applicant’s military records. The applicant's DD Form 214 is the primary document used in this case, which is sufficient to fully and fairly consider the applicant's request. 3. The applicant’s DD Form 214 shows he: a. enlisted in the Regular Army on 3 June 1966 and served in military occupational specialty 94B (Cook); b. was promoted to the rank of specialist four (SP4)/E-4 on 22 June 1967 and to the temporary rank of specialist five (SP%)/E-5 on 26 March 1968; c. served 1 year in U.S. Army Pacific – Korea; d. earned the National Defense Service Medal and Armed Forces Expeditionary Medal; and e. was honorably discharged in the temporary rank of SP5 on 2 June 1969, having completed 3 years of creditable active duty service with no time lost. 4. There is no record of any nonjudicial punishment, courts-martial, or any type of adverse action in the available evidence. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The 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 (ROK). The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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. DISCUSSION: 1. The evidence of record confirms the applicant’s completion of one year of service in Korea. He satisfied the regulatory criteria necessary for award of the KDSM. 2. His DD Form 214 shows his completion of 3 years of honorable active service ending upon reaching his expiration term of service. It also confirms his promotion to and service in the rank of SP5 for over a year from 28 March 1968 through 2 June 1969. 3. Finally, the available evidence is void of any discreditable conduct and he did not accrue any lost time. Based on the available evidence in this case, it appears he met the regulatory criteria for award of the AGCM (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017377 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017377 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2