BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017887 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: 13 April 2017 DOCKET NUMBER: AR20150017887 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 (AGCM) (1st Award) for the period 6 April 1953 through 31 January 1956; and b. adding the following to his DD Form 214 (Report of Separation from the Armed Forces of the United States): * AGCM (1st Award) * United Nations Service Medal (UNSM) * Korea Defense Service Medal (KDSM) ___________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: 13 April 2017 DOCKET NUMBER: AR20150017887 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 (Report of Separation from the Armed Forces of the United States) to show the United Nations Service Medal (UNSM), Army Good Conduct Medal (AGCM), and the Korea Defense Service Medal (KDSM). 2. The applicant states he is automatically eligible for award of the UNSM due to his prior award of the Korean Service Medal (KSM). He claims he would have been issued the AGCM if not for an injury in theater, which caused him to return to the United States. The KDSM was created after his discharge. 3. The applicant provides: * a statement * DA Form 494 (Army of the United States Retirement) * 4 pages from Army Regulation 600-8-22 (Military Awards) COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests, in effect, correction of the applicant's DD Form 214 to show the UNSM, AGCM, and the KDSM. 2. Counsel states, in effect, the applicant is authorized the above mentioned awards. 3. Counsel provides a 2-page statement. 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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there appears to be sufficient documentation remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army on 6 April 1953. The applicant's DD Form 214 shows he entered into active service at Chicago, Illinois. The form shows at the time of his separation, he held military occupational specialty 941.10 (Cook) and his most significant duty assignment (i.e., his last duty assignment) was with Service Company, 35th Infantry Regiment. 4. His record contains a DA Form 24 (Service Record): a. Section 4 (Chronological Record of Military Service) shows his conduct and efficiency was rated as "excellent" or "unknown" throughout his service. b. Section 5 (Service Outside the Continental United States) shows he arrived in Korea on 7 October 1953 and he departed Korea on 10 September 1954. 5. He was honorably retired due to permanent disability on 31 January 1956. His DD Form 214 shows he completed 2 years, 9 months and 25 days of total active service of which 1 year and 6 days was foreign and/or sea service. His DD Form 214 shows he was awarded the National Defense Service Medal and a Meritorious Unit Commendation. 6. His record contains a DD Form 215 (Correction to DD Form 214), dated 3 March 1961, which awarded him the KSM. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The KDSM 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. b. The UNSM is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the KSM automatically establish eligibility for the UNSM. 2. Army Regulation 600-65 (Service Medals), 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; for 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by 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. DISCUSSION: 1. The available evidence shows the applicant completed a period of qualifying service for award of the UNSM and KDSM. 2. The applicant's service record reveals his conduct and efficiency rating as "excellent" or "unknown." His record fails to show he had any convictions by court-martial. Therefore, there is sufficient evidence to support his entitlement to correction of his DD Form 214 to show award of the AGCM (1st Award) for the period 6 April 1953 through 31 January 1956. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017887 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017887 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2