ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 July 2020 DOCKET NUMBER: AR20190012427 APPLICANT REQUESTS: in effect correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received: * the Republic of Korea Presidential Unit Citation (ROKPUC) * (added) the Army Good Conduct Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * NGB Form 22 (Report of Separation and Record of Service) FACTS: 1. The applicant did not file within the 3 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 he was stationed in Korea from 1 February 1970 through 1 March 1971. He is requesting the ROKPUC be issued to him and a correction made to his DD Form 214. His service was with the 707th Maintenance Battalion, 7th Infantry Division. 3. A review of regulations and Department of the Army General Orders (DAGO), specifically DAGO 50, dated 9 November 1971 shows the applicant is authorized the ROKPUC, which was awarded to the 7th Infantry Division for the period of 17 September 1950 through 27 March 1971. The applicant's request for the ROKPUC will be administratively corrected accordingly and will not require a decision by the Board. 4. A review of the applicant's service records also shows he was never awarded the Army Good Conduct Medal (AGCM). 5. A review of the applicant's available service records contain the following documents for the Board's consideration: a. A DA Form 20 (Enlisted Qualification Record), which shows the applicant's Record of Assignments in item 38. His conduct and efficiency were both rated as excellent throughout his years of active duty service. b. A DD Form 214, which is void of an entry showing he received the AGCM and the ROKPUC. It shows the applicant received an honorable discharge with 2 years 7 months, and 8 days of service. c. A DD Form 215 (Correction to DD Form 214), dated 23 February 2005, which added the Korean Defense Service Medal to the applicant's record. 6. The applicant’s records are void of disciplinary actions. 7. See applicable references below. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the applicant met the criteria for award of the Army Good Conduct Medal (1st Award) for his service from 1 August 1969 to 8 March 1972. By a preponderance of the evidence, the Board determined the applicant should be awarded the Army Good Conduct Medal (1st Award) and the award should be added to his DD Form 214, in addition to the correction addressed in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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, in addition to the correction addressed in Administrative Note(s) below, all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for the period 1 August 1969 to 8 March 1972 and by adding this award to his DD Form 214. 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): 1. Amend the applicant’s DD Form 214 by adding the Republic of Korea Presidential Unit Citation. 2. The following document is sufficient to justify correction of the DD Form 214 without action by the Board. Department of the Army General Order Number 50, dated 9 November 1971, awarded the Republic of Korea Presidential Unit Citation to the 7th Infantry Division for the periods August 1945 to December 1948 and 17 September 1950 through 27 March 1971. Soldiers assigned to the division during these periods are authorized to have this unit award recorded in their records. 3. Correct the applicant’s DD Form 214 to add the award shown in paragraph 1 above. Provide the applicant with a copy of the corrections and the medals and citations, as applicable. Please record the corrections in the applicant’s official military personnel record. REFERENCES: 1. Title 10, USC, 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 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. There must have been no convictions by a court-martial. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190012427 3 1