BOARD DATE: 20 June 2018 DOCKET NUMBER: AR20160015493 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: 20 June 2018 DOCKET NUMBER: AR20160015493 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 adding the Army Good Conduct Medal (1st Award) and Korea Defense Service Medal to his DD Form 214. ______________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: 20 June 2018 DOCKET NUMBER: AR20160015493 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 award of the Army Good Conduct Medal, Korea Defense Service Medal, and any awards and decorations to which he may be entitled. 2. The applicant states he was awarded the Army Good Conduct Medal and he should have received the Korea Defense Service Medal for his service in Korea. 3. The applicant provides: * Army Good Conduct Medal (1st Award) orders * two pages of his DA Form 2-1 (Personnel Qualification Record – Part II) * 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 7 May 1991 for a period of 4 years and 17 weeks. 3. His DA Form 2-1 shows in: * item 5 (Oversea Service) – he served in Korea from 23 September 1991 through 22 September 1992 * item 9 (Awards, Decorations and Campaigns) – Army Service Ribbon, National Defense Service Medal, Parachutist Badge, and Army Achievement Medal 4. 5th Personnel Service Company, Permanent Orders 080-17, dated 5 May 1994, awarded him the Army Good Conduct Medal (1st Award) for the period 7 May 1991 to 6 May 1994. 5. On 17 April 1995, he was honorably discharged by reason of physical disability with severance pay. 6. His DD Form 214 shows he was awarded or authorized the: * Army Achievement Medal * National Defense Service Medal * Army Service Ribbon * Parachutist Badge REFERENCES: 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. Orders show the applicant was awarded the Army Good Conduct Medal (1st Award). His DD Form 214 does not show this medal. 2. He served a period of qualifying service for award of the Korea Defense Service Medal. His DD Form 214 does not show this 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) AR20160015493 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015493 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2