ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 January 2019 DOCKET NUMBER: AR20170010269 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Army Good Conduct Medal and the Korea Defense Service Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Congressional correspondence * DA Form 20 (Enlisted Qualification Record) * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states the Korea Defense Service Medal was authorized after his period of service. 3. He enlisted on 16 February 1970 and he served in Korea from 21 May 1971 to 15 January 1972. 4. He received all excellent conduct an efficiency ratings during the period of his service, there is no record of courts-martial convictions, and there is no evidence that his commander disqualified him for consideration for Award of the Army Good Conduct Medal. 5. He was honorably released from active duty on 18 January 1972. He completed 1 year, 11 months, and 3 days of active service. His DD Form 214 shows he was authorized the following awards: * National Defense Service Medal * Armed Forces Expeditionary Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) BOARD DISCUSSION: The Board reviewed all available evidence and service records and determined the applicant meets the requirements for the Army Good Conduct Medal (1st Award) for the period 16 February 1970 to 18 January 1972, and the Korea Defense Service Medal for his service in Korea from 21 May 1971 to 15 January 1972. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 the following awards and making the following amendments to item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized): a. awarding him the Army Good Conduct Medal (1st Award) for the period 16 February 1970 to 18 January 1972; and b. adding the following awards: • Army Good Conduct Medal (1st Award) • Korea Defense Service Medal SIGNATURE: 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. ADMINISTRATIVE NOTES: Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-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 the Army 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 Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. 3. Army Regulation 600-8-22 states 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.