IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018676 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160018676 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Army Good Conduct Medal for the period 1 September 1960 through 30 August 1963; b. adding to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), at item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the Army Good Conduct Medal, National Defense Service Medal, and the Korea Defense Service Medal. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Armed Forces Expeditionary 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: 22 August 2018 DOCKET NUMBER: AR20160018676 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: * National Defense Service Medal * Armed Forces Expeditionary Medal * Army Good Conduct Medal 2. The applicant states he meets the eligibility requirements for all three awards. He has no adverse action, negative counseling or similar disqualifying factors. 3. The applicant provides copies of: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * a portion of Army Regulation 600-8-222 (Military Awards) 25 June 2015 version 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 served on active duty in the Regular Army from 1 September 1960 through 30 August 1963 as an Armor Intelligence Specialist. 3. The version of the applicant's DA Form 20 (Enlisted Qualification Record) does not include a block for entry of conduct and efficiency ratings. It does show: * service in Korea from 1 February 1961 through 2 June 1962 * promotion to sergeant (E-5) * qualification as an expert with the rifle 4. The applicant was honorably released from active duty on 30 August 1963. His DD Form 214 lists in awards as the Expert Qualification Badge with Rifle Bar. 5. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal. REFERENCES: Army Regulation 600-8-22 (Military Awards) states: a. The Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. A record of punishment is not automatically disqualifying. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, a disqualification was normally noted on the DA Form 20. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. c. The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. Table 2-3 shows the Armed Forces Expeditionary Medal was authorized for service in Korea from 1 October 1966 to 30 June 1974. d. 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 28 July 1954 to a date to be determined by the Secretary of Defense. DISCUSSION: 1. The record contains no indication of any disqualifying incidents or recommendations precluding the award of the Army Good Conduct Medal. 2. The applicant served during a period that authorized award of the National Defense Service Medal. This award is not recorded on his DD Form 214. 3. The applicant served in Korea prior to the period such service was recognized by award of the Armed Forces Expeditionary Medal. 4. While the applicant does not meet the eligibility period for the Armed Forces Expeditionary Medal, he did serve in Korea during the period of eligibility for the Korea Defense Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018676 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018676 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2