IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170003312 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: 5 September 2018 DOCKET NUMBER: AR20170003312 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 23 September 1964 to 9 September 1966 in the rank of sergeant, and * adding to item 26 of his DD Form 214 – * Army Good Conduct Medal (1st Award) * Korea Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar ___________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: 5 September 2018 DOCKET NUMBER: AR20170003312 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all his authorized awards, including the Korea Defense Service Medal. 2. The applicant states, in effect, the Korea Defense Service Medal was authorized after his separation and it should now be added to his DD Form 214. 3. The applicant provides his DD Form 214 and an excerpt from an unknown source defining the Korea Defense Service Medal. 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 was inducted into the Army of the United States on 23 September 1964. 3. He received the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on 7 November 1964 with the publication of Special Orders 222 issued by the U.S. Army Training Center, Infantry, Fort Dix, NJ. 4. A review of the applicant's DA Form 20 (Enlisted Qualification Record) shows the following pertinent entries: * item 31 (Foreign Service) – 6 August 1965 to 7 September 1966, Republic of Korea * item 38 – he received all "excellent" conduct and efficiency ratings throughout his service. (His record does not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.) 5. On 9 September 1966, he was honorably released from active duty in the rank/grade of sergeant/pay grade E-5. He was issued a DD Form 214 showing he served 1 year, 11 months and 17 days of active service with 1 year, 1 month and 2 days of foreign service in the U.S. Army Pacific. He received the National Defense Service Medal for his period of service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. A specified period includes 3 years of continuous active service completed after 27 August 1941. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. There can be no record of courts-martial. b. 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 28 July 1954 to a date to be determined by the Secretary of Defense. This service medal was authorized by Section 543, National Defense Authorization Act 2003, Public Law 107-314. 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. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 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. 3. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated for item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service. Check the Soldier's records for validity of awards. DISCUSSION: 1. The evidence of record confirms he served honorably during the period 23 September 1964 through 9 September 1966 attaining the rank of sergeant. He received all "excellent" conduct and efficiency ratings throughout his service. His record shows no evidence indicating he would have been precluded from being awarded the Army Good Conduct Medal (1st Award). 2. The Korea Defense Service Medal was authorized in 2003 by Public Law 107-314 for Servicemembers who served in the Republic of Korea. The evidence of record in this case shows he served in the Republic of Korea from 6 August 1965 to 7 September 1966 thus he is entitled to this service medal and its addition to his DD Form 214. 3. His record contained orders awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, which was omitted from his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003312 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003312 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2