IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160010120 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: 13 June 2018 DOCKET NUMBER: AR20160010120 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 31 August 1970 to 16 March 1972; and b. adding the Korea Defense Service Medal and Army Good Conduct Medal (1st Award) to his DD Form 214 (Certificate of Release or Discharge from Active Duty). ___________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: 13 June 2018 DOCKET NUMBER: AR20160010120 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 (Certificate of Release or Discharge from Active Duty) to show the Korea Defense Service Medal. 2. The applicant states his DD Form 214 contains an administrative mistake, it does not show the Korea Defense Service Medal for his service in Korea. 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 enlisted in the Regular Army on 31 August 1970, he was trained in and awarded military occupational specialty 62G (Quarryman). He arrived in Korea on 31 January 1971 and he was assigned to Company A, 802nd Engineer Battalion on 5 February 1971. He served with this unit until he departed Korea on 26 February 1972. 3. He was honorably released from active duty on 16 March 1972. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), and Sharpshooter Marksmanship Qualification Badge Rifle (M-16). He completed 1 year, 6 months, and 16 days of active military service this period. This service included 11 months and 16 days of foreign service (in Korea). 4. The Korea Defense Service Medal is not listed on his DD Form 214. 5. His DD Form 214 shows he completed no Vietnam service. 6. His DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), shows he received all "excellent" conduct and efficiency ratings throughout his period of active service. 7. The applicant's records do not contain any evidence of derogatory information or any adverse or disciplinary action during his military service that would have disqualified him for award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the following awards: a. The Korea Defense Service Medal 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. The period of eligibility is 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. b. Award of the Army Good Conduct Medal required the enlisted person to have had all “excellent” conduct and efficiency ratings. 2. 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 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. DISCUSSION: 1. The applicant served in Korea from 31 January 1971 to 26 February 1972, during a qualifying period of service for award of the Korea Defense Service Medal. This medal is not listed on his DD Form 214. 2. The available evidence shows the applicant received "excellent" conduct and efficiency ratings throughout his service and he was honorably released from active duty. His record is also void of any evidence that shows the commander denied the applicant award of the Army Good Conduct Medal; nor is there any evidence of any adverse or disciplinary action taken against him during his military service. 3. The available evidence supports award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this 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) AR20160010120 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010120 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2