RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 January 2008
      DOCKET NUMBER:  AR20070012156


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Larry C. Bergquist            |     |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, in effect, award of the Army Good Conduct Medal
(AGCM).

2.  The applicant states, in effect, he is entitled to an AGCM he did not
receive.

3.  The applicant provides no additional documentary evidence in support of
his application.

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 (NPRC) in 1973.  It is believed
that the applicant’s records were lost or destroyed in that fire.  However,
there were sufficient documents remaining in a reconstructed record for the
Board to conduct a fair and impartial review of this case.  This case is
being considered using reconstructed records contained in the NPRC file,
which primarily consists of the applicant's Separation Document (DD Form
214).

3.  The applicant's DD Form 214 shows that he was inducted into the Army
and entered active duty on 6 February 1952.  It also shows that he served
in Korea, and that he earned the following awards during his active duty
tenure:  National Defense Service Medal; Korean Service Medal (KSM) with 3
bronze service stars; United Nations Service Medal (UNSM); and Combat
Infantryman Badge (CIB).

4.  The applicant's DD Form 214 further shows that he accrued no lost time
during his active duty service, and his NPRC reconstructed file is void of
any derogatory information or a unit commander disqualification that would
have precluded him from receiving the AGCM.

5.  On 5 November 1953, the applicant was honorably separated, in the rank
of corporal, after completing a total of 1 year and 9 months of active
military service.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 4 prescribes the
policy for award of the AGCM.  It states, in pertinent part, that the AGCM
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, in which case a period of more than 1 year is a qualifying period.
 Although there is no automatic entitlement to the AGCM, disqualification
must be justified.

7.  Paragraph 9-16 of the awards regulation contains the policy for award
of the Republic of Korea War Service Medal.  It states, in pertinent part,
that it is awarded for 30 consecutive or 60 non-consecutive days of service
in Korea during the period between 25 June 1950 and 27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the AGCM was carefully
considered and found to have merit.  Although the applicant's military
records were likely destroyed in a fire at the NPRC in 1973, the remaining
reconstructed NPRC
file is void of any derogatory information or a unit commander
disqualification
that would have precluded him from receiving the AGCM.

2.  Further, the available evidence confirms the applicant's honorable
service during the Korean War, as evidenced by his DD Form 214, which also
shows he earned the CIB based on his combat service in Korea.  As a result,
it would be appropriate and serve the interest of justice and equity to
award him the AGCM for his qualifying honorable active duty service from 6
February 1952 through
5 November 1953.

3.  The available evidence also confirms the applicant served in Korea for
30 consecutive days during the Korean War (25 June 1950-27 July 1953), as
evidenced by his receiving the KSM, UNSM and CIB during his active duty
tenure.  Therefore, it would also be appropriate to award him the Republic
of Korea War Service Medal and to add this award to his DD Form 214 at this
time.

BOARD VOTE:

___SLP _  __PMS__  __LCB __  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 for his qualifying honorable
active duty service from 6 February 1952 through 5 November 1953; by
awarding him the Republic of Korea War Service Medal; and by providing him
a correction to his separation document that includes these awards.




                            _____Shirley L. Powell ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070012156                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/01/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1963/11/05                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Trns to USAR                            |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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