RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070009536 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy Sabree

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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Army Good Conduct Medal.

2.  The applicant states that he served honorably on active duty for 3 years and 25 days, and that the Army Good Conduct Medal was left off of his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214; and letter from the National Personnel Records Center, dated 16 August 2006.

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.  Records show that the applicant served as a member of the Army National Guard from 13 September 1948 to 6 September 1949, and had attained the rank of private, pay grade E-2.  He was discharged for the purpose of enlisting in the Regular Army.

3.  The applicant's military records, for his Regular Army service from 
7 September 1949 to 1 October 1952, are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

4.  The applicant's DD Form 214 shows that on 7 September 1949, he enlisted in the Regular Army.  He was awarded military occupational specialty 4745 (Rifleman).  Item 27 (Decorations, Medals, Badges, Commendations, Citations 
and Campaign Ribbons Awarded or Authorized) lists the Combat Infantryman Badge, the Korean Service Medal with five bronze service stars, and the United Nations Service Medal.  It does not show award of the Army Good Conduct Medal.  On 1 October 1952 he was honorably discharged.

5.  On 15 November 1954, the applicant again enlisted in the Army National Guard for 3 years.  He was discharged on 14 November 1957 and subsequently reenlisted on 20 January 1958 and remained in the Army National Guard until 
20 August 1971, when he was honorably released and transferred to the Retired Reserve.  He had attained the rank of master sergeant, pay grade E8.

6.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), 
in effect at the time, provided policy and criteria concerning service medals.  It stated that 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

7.  Review of the applicant's DD Form 214 effective 1 October 1952 indicates entitlement to additional awards and decorations.

8.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows: (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 
DISCUSSION AND CONCLUSIONS:

1.  There are no available records showing that the applicant's conduct and efficiency ratings were "excellent" for the entire period of qualifying service.  Therefore, his request for award of the Army Good Conduct Medal should be denied.

2.  The applicant served on active duty during a qualifying period for award of the National Defense Service Medal.   Therefore, his records should be corrected to show this award.

3.  The applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show this award.

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___ QS_    __CLG __  __JRS __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the National Defense Service Medal and the Republic of Korea War Service Medal.





___    Curtis L. Greenway___
          CHAIRPERSON




INDEX

CASE ID
AR20070009536
SUFFIX

RECON
 
DATE BOARDED
 20080115
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.