IN THE CASE OF: BOARD DATE: 7 November 2018 DOCKET NUMBER: AR20170002806 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 7 November 2018 DOCKET NUMBER: AR20170002806 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests award of the: * Army Good Conduct Medal (AGCM) * National Defense Service Medal (NDSM) * Armed Forces Expeditionary Medal (AFEM) * Korea Defense Service Medal (KDSM) 2. The applicant states: a. He served in South Korea from May 1978 and August 1979. He believes during this period of service he met the eligibility requirements for the NDSM, AFEM, and KDSM. b. He served honorably for his full three-year enlistment. He believes he qualifies for the AGCM for his three-year span of exemplary service. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * DD Form 214 (Report of Separation from Active Duty) * Self-authored statement 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * Official Military Personnel File (OMPF) * DA Form 2-1 (Personnel Qualification Record) REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) states: a. The AGCM is authorized for award to members of the U. S. Armed Forces 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 unfavorable consideration and permit the individual to respond. At that time, a disqualification was normally noted on the DA Form 2-1. b. The NDSM is authorized for award to members of the U. S. Armed Forces who serve on active duty during the following periods: * 27 June 1950 and 27 July 1954 * 1 January 1961 and 14 August 1974 * 2 August 1990 and 30 November 1995 * 11 September 2001 to a date to be determined c. The AFEM is authorized for award to members of the U. S. Armed Forces who participant 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. The period of eligibility for service in Korea is 1 October 1966 to 30 June 1974. d. The KDSM is authorized for award to members of the U.S. Armed Forces who have served on active duty in support of the defense of the Republic of Korea 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. DISCUSSION: 1. While 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 from 15 September 1976 through 14 September 1979, with service in Korea from 27 May 1978 through 12 August 1979. 3. His DA Form 2-1 and his DD Form 214 list his awards as: * Expert Qualification Badge with Rifle Bar * Sharpshooter Qualification Badge with Grenade Bar * Marksman Qualification Badge with Pistol Bar 4. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martial proceedings that would suggest he was not considered eligible for award of the AGCM. 5. The applicant met the eligibility requirements for the KDSM. 6. The applicant did not serve during a period for which the NDSM or AFEM are authorized. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002806 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2