ABCMR Record of Proceedings (cont) AR20060004308
RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 October 2006
DOCKET NUMBER: AR20060004308
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun / DirectorMr. John J. Wendland, Jr. / Analyst
The following members, a quorum, were present:
Ms. Carmen Duncan / ChairpersonMr. Jerome L. Pionk / Member
Ms. Rea M. Nuppenau / Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
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ABCMR Record of Proceedings (cont) AR20060004308
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, a second award of the Good Conduct Medal and award of the Korea Defense Service Medal.
2. The applicant states, in effect, that he completed enough time in service to qualify for a second award of the Good Conduct Medal and he served two overseas tours in the Republic of Korea, but was not awarded the Korea Defense Service Medal. He also states, in effect, that he is currently serving as an officer in the U.S. Air Force and requests that his military service records be corrected to accurately reflect the awards and decorations he earned while serving in the U.S. Army.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 22 June 2000, and Headquarters, Air Force Personnel Center, Randolph Air Force Base, Texas, memorandum, dated 7 March 2006, subject: Official Proof of Service Letter.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 22 June 2000, the date of his release from active duty with the U.S. Army. The application submitted in this case is dated 7 March 2006.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's military service recordsshow that he enlisted in the U.S. Army Reserve on 21 August 1993 and entered active duty in the Regular Army on
23 June 1994. Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 67R (AH-64 Attack Helicopter Repairer). The applicant's military service records show that he was promoted to the rank of sergeant/pay grade E-5 on
5 November 1999.
4. The applicant's DD Form 214 shows that he was honorably released from active duty on 22 June 2000. Item 12 (Record of Service), block c (Net Active Service This Period) shows that the applicant completed 6 years of net active service during the period under review. Item 12, block f (Foreign Service) shows that he completed 2 years, 3 months, and 19 days of foreign service during this period. Item 29 (Dates of Time Lost During This Period) contains the entry "None." Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal, Army Achievement Medal (6th Award), Army Good Conduct Medal, National Defense Service Medal, Noncommissioned Officer's Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Expert Marksmanship Qualification Badge with Rifle Bar, Aircraft Crew Member Badge, Parachutist Badge, Driver and Mechanic Badge with Driver-W Bar, and Army Lapel Button.
5. The applicant's military service records contain a DA Form 2-1 (Personnel Qualification Record). Item 5 (Overseas Service) of this document shows that the applicant served two overseas service tours in the Republic of Korea from
30 December 1994 through 28 December 1995 and from 18 February 1998 through 7 June 1999.
6. The applicant's military service records contain a copy of Headquarters,
U.S. Army Aviation Center and Fort Rucker, Fort Rucker, Alabama, Permanent Order 009-11, dated 9 January 1998, which shows that the applicant was awarded the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 June 1994 to 22 June 1997.
7. A review of the applicant's records reveals there is no record of derogatory or adverse information on file in his military service records or that the applicant was disqualified for award of the Good Conduct Medal. There is no evidence that the applicant was awarded a second award of the Good Conduct Medal.
8. Army Regulation 600-8-22 (Military Awards) provides that the 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 Good Conduct Medal, disqualification must be justified.
9. The Korea Defense Service Medal is authorized to members of the Armed Forces who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined. Headquarters, U. S.Army Human Resources Command, Alexandria, Virginia, message,dated
9 February 2004, published implementing instructions for award of the Korea Defense Service Medal. This message specified criteria for the award of the Korea Defense Service Medal as follows: a) servicemembers of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) servicemembers must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60non-consecutive days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that he should be awarded a second award of the Good Conduct Medal because he completed enough active duty time in the U.S. Army to qualify for a second award of the Good Conduct Medal. He also contends he should be awarded the Korea Defense Service Medal because he qualified for the award by serving two overseas tours in the Republic of Korea.
2. The evidence of record shows the applicant completed 6 continuous years of active duty service during the period under review. The evidence of record also shows that the applicant was awarded the Good Conduct Medal (1st Award) for the period 23 June 1994 through 22 June 1997. In addition, there is no record of derogatory or adverse information on file in his military service records, the applicant was not disqualified for a second award of the Good Conduct Medal, nor is there evidence that the applicant was awarded a second award of the Good Conduct Medal. In view of the foregoing, the applicant is entitled to a second award of the Good Conduct Medal for the period 23 June 1997 through 22 June 2000 based upon completion of a second 3-year qualifying period of active duty enlisted service during the period under review. Therefore, the applicant is entitled to correction of his records to show this award.
3. Records show that, subsequent to 28 July 1954, the applicant served 2 years, 3 months, and 19 days in the Republic of Korea. Therefore, the applicant met the qualifying criteria for award of the Korea Defense Service Medal and is entitled to correction of his records to show this foreign service medal.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 June 2000; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
21 June 2003. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file for award of the Good Conduct Medal (2nd Award).
BOARD VOTE:
___CD___ __JLP______RMN GRANT FULL RELIEF
______GRANT PARTIAL RELIEF
______GRANT FORMAL HEARING
______DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for reliefand to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. awarding the applicant the Good Conduct Medal (2nd Award) for exemplary conduct, efficiency, and fidelity during the period 23 June 1997 through 22 June 2000; and
b. correcting his DD Form 214 to add the Good Conduct Medal
(2nd Award) and Korea Defense Service Medal.
Carmen Duncan____
CHAIRPERSON
INDEX
CASE ID / AR20060004308SUFFIX
RECON / YYYYMMDD
DATE BOARDED / 20061024
TYPE OF DISCHARGE / HD
DATE OF DISCHARGE / 20000622
DISCHARGE AUTHORITY / AR 635-200, Chapter 4
DISCHARGE REASON / Completion of Required Active Service
BOARD DECISION / GRANT
REVIEW AUTHORITY / Mr. Chun
ISSUES 1. / 107.0056.0000
2. / 107.0070.####
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