ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  23 September 2019

	DOCKET NUMBER:  AR20190001538


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to show the Korea Defense Service 
Medal (KDSM) and the Army Good Conduct Medal (AGCM).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, for the period ending 31 March 1958

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’s military records are not available for review.  The Board 
requested a copy of his records from the National Personnel Records Center 
(NPRC) in St. Louis, but none were located.  A thorough review of the integrated 
Personnel Electronic Records Management System (iPERMS) and the Integrated 
Web Services (IWS) system also failed to contain any records.  However, the  
DD Form 214 he provided is sufficient for the Board to conduct a fair and impartial 
review of his case. 

3.  The applicant states he served in the Republic of Korea for 16 months and 
served honorably with no disciplinary actions.    

4.  The applicant enlisted in the Regular Army on 1 April 1955. 

5.  The applicant was honorably released from active duty by reason of expiration 
term of service and transferred to the United States Army Reserve (USAR).  His  
DD Form 214 shows in:

     a.  Item 12 (Last Duty Assignment and Major Command), his last assignment 
was Company A, 1st Armored Rifle Battalion, 6th Infantry Regiment, 1st Armored 
Division.  

     b.  Item 24b (Total Active Service), he completed 3 years of total service.

     c.  Item 24c (Foreign and/or Sea Service), he completed 1 year and 4 months of 
foreign service in an unidentified theater of operation.

     d.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized), shows the entry "NONE." 

6.  The governing Army regulations authorize awards or decorations for foreign 
service; however, based on the fact that the applicant's military record is not 
available, the details of his foreign service (i.e., periods served and locations) cannot 
be verified.

7.  The U.S. Army Center of Military History shows the unit he was assigned to 
performed duties in the Federal Republic of Germany (U.S. Army Europe 
(USAREUR) Theater of Operation). 


























BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents 
and evidence in the records.  The Board considered the applicant’s statement, the 
absence of his records, the time period of his service and the last unit of assignment 
reflected on his DD Form 214.  The Board found that he served his obligated service 
and was honorably discharged.  The Board did not find evidence that the applicant 
served in Korea and he provided no documents in support of his statement. Based 
on a preponderance of evidence, the Board determined that the applicant should be 
awarded and Army Good conduct Medal; the evidence was insufficient to award him 
the Korea Defense Service Medal.

2.  After reviewing the application and all supporting documents, the Board found 
that partial relief was warranted.


































BOARD VOTE:

Mbr 1	   Mbr 2	Mbr 3

:	   :	:	GRANT FULL RELIEF

: X	:X	:X	GRANT PARTIAL RELIEF

:	   :	:	GRANT FORMAL HEARING

:	   :	:	DENY APPLICATION


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:

 	- Awarding the applicant an Army Good Conduct Medal, and;
	- adding AGCM to item 36 (Decorations, Medals, Badges…) of his DD Form 214 
for the period of service ending 31 March 1958.

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 a Korea Defense Service Medal.



	  
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.







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 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) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.

     a.  The AGCM was awarded for each 3-year period 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.

     b.  The KDSM 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.

// NOTHING FOLLOWS //

ABCMR Record of Proceedings (cont)	 AR20190001538
	
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