IN THE CASE OF: BOARD DATE: 4 January 2013 DOCKET NUMBER: AR20120010605 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military service records to show award of the Army Good Conduct Medal. 2. The applicant states his performance and conduct were exemplary throughout his military service. At the U.S. Army Europe (USAREUR) Tank Training Center M-24/M25 Tank Crewman Course his team was awarded best tank crew in November 1950. After looking over his Army papers he noticed that he was not awarded the Army Good Conduct Medal for his military service. 3. The applicant provides: * his DD Form 214 (Report of Separation from the Armed Forces of the United States) * a USAREUR Tank Training Center Certificate of completion, dated 3 November 1950 * a Seventh Army Non-Commissioned Officers Academy Certificate of completion, dated 28 March 1952 * a Seventh Army Tank Training Center Certificate of Attendance, dated 20 December 1952 * a cigarette lighter engraved with "CONSTABULARY TANK TRAINING CENTER MEMBER BEST TANK CREW 3 NOV. 1950" * an Honorable Discharge Certificate * a Certificate of Recognition for Cold War Service CONSIDERATION OF EVIDENCE: 1. 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 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214. 3. The applicant's DD Form 214 shows he entered active duty in the Regular Army on 6 March 1950. He served overseas for a period of 2 years, 8 months, and 15 days and achieved the rank of corporal (CPL). Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Army of Occupation Medal with Germany Clasp. Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) shows he completed the Tank Crewman Course at the USAREUR Tank Training Center. 4. On 30 March 1953, the applicant was honorably discharged after completing 3 years and 25 days of creditable active service with no time lost. 5. The available records do not include orders awarding him the Army Good Conduct Medal. 6. The available records do not show his conduct and efficiency ratings. 7. Army Regulation 600-65, 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 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. A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by 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. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request to correct his military service records to add the Army Good Conduct Medal was carefully considered. 2. Although his military service records which would show his conduct and efficiency ratings are not available, he attained the rank of corporal, he had no lost time, and he was honorably discharged. Any reasonable doubt concerning his eligibility for award of the Army Good Conduct Medal should be resolved in his favor. BOARD VOTE: ____X____ ____X____ ___X_____ 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 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 (1st Award) for the period 6 March 1950 through 5 March 1953 and adding it to his DD Form 214. _______ _ _X_____ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20120010605 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120010605 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1