ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 September 2020

	DOCKET NUMBER:  AR20190003735


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show award of the:

*	Army Good Conduct Medal
*	National Defense Service Medal
*	Korea Defense Service Medal

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 6 February 
2019
*	Honorable Discharge Certificate, dated 31 January 1970
*	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 (ABCMR) 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:

	a.  He served for just under 3 years and he served in Korea for 1 year during the 
Vietnam War.

	b.  He was discharged immediately following his return from Korea.  He was eager to 
return to school and Vietnam did not make Army veterans welcome in many situations.

	c.  His medal paperwork was never filed.

	d.  Recently, his children and grandchildren have been asking about his military 
service.  The medals that seemed small in 1966 have taken on greater importance.
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2.  The applicant's DD Form 214 shows his award of the National Defense Service 
Medal.  His DD Form 214 will be administratively corrected without Board action to 
show award of the Korea Defense Service Medal.

3.  The Board will consider his request for the award of the Army Good Conduct Medal 
(First Award).

4.  On 3 February 1964, the applicant enlisted in the Regular Army.

5.  His DA Form 638 (Recommendation for Award), dated 11 November 1966, he was 
recommended for the Army Good Conduct Medal upon his release from active duty on 
29 November 1966.  The form is signed by his commanding officer; however, his 
records are void of orders awarding him the Army Good Conduct Medal for the period 
3 February 1964 to 1 December 1966.

6.  His DA Form 20 (Enlisted Qualification Record) shows, in part, in:

   a.  item 33 (Appointments and Reductions) – no reductions and his highest grade as 
specialist five/E-5;

   b.  item 31 (Foreign Service) – United States Army Pacific Command, Korea, 
13 months; and

   c.  item 38 (Record of Assignments) – he received "excellent" conduct and efficiency 
ratings except for two periods of "unknown" ratings.

7.  On 1 December 1966, the applicant was honorably released from active duty.  His 
DD Form 214 shows in he completed 2 years, 9 months, and 29 days of net service and 
he had 1 year and 1 day of foreign and/or sea service.  Item 26 (Decorations, Medals, 
Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of 
his DD Form 214 shows he was awarded the National Defense Service Medal.

8.  His available records are void of derogatory information or a commander's 
disqualification that would have prevented him from being recommended for or award of 
the Army Good Conduct Medal (First Award) for the period 3 February 1964 to 
1 December 1966.

BOARD DISCUSSION:

1.  The Board determined the applicant met the criteria for award of the Army Good 
Conduct Medal (First Award) and his record should be corrected to show he received 
this medal.  

2.  The Board concurred with the correction described in Administrative Note(s) below.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XXX	:XXX	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 him the Army Good Conduct Medal (First Award) for the period 
3 February 1964 through 1 December 1966
*	Adding the Army Good Conduct Medal (First Award) to his DD Form 214
*	Making the correction described in Administrative Note(s) below
*	Issuing his authorized awards to him

	  
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 NOTE(S):  

The applicant served a qualifying period of service for award of the Korea Defense 
Service Medal which is not listed on his DD Form 214.

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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 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 the 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.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  As with all 
personal decorations, formal recommendations, approval through the chain of 
command, and announcement in orders are required.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish 
themselves by their conduct, efficiency, and fidelity.  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.  Although there is no automatic entitlement to the Army 
Good Conduct Medal, disqualification must be justified.

	b.  The Korea Defense Service Medal is authorized for award to service members of 
the Armed Forces of the United States who served on active duty in support of the 
defense of the Republic of Korea.  The area of eligibility encompasses all land area of the 
Republic of Korea, and the contiguous water out to 12 nautical miles, and all airspaces 
above the land and water areas.  The period of eligibility is 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.

//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20190003735
	
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