RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070014256 


	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

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Army Good Conduct Medal and service awards for his Foreign Service tour in Korea.

2.  The applicant states, in effect, that he completed his 3-year enlistment in the U. S. Army with dignity and pride.  He states he did not receive any awards or service ribbons for his service in Korea to include not receiving the Army Good Conduct Medal.  He states he was promoted and believes he earned the Army Good Conduct Medal for his active duty service for he did what he was ordered to do without hesitation.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 8 March 1957 and a letter addressed to the applicant from the Office of the Adjutant General, Department of the Army, dated 14 May 1957.

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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  The primary source document available to the Board for its review was the applicant's DD Form 214 with a separation date of 8 March 1957.



3.  The applicant enlisted in the Regular Army on 8 March 1954 and available records show he successfully completed basic and advanced individual training 
and was awarded the military occupational specialty (MOS) 710.00 (Clerk).  The highest rank attained by the applicant was specialist three (temporary)/pay-grade E-4.

4.  The applicant was honorably released from active duty on 8 March 1957 upon his expiration of his term of service and transferred to the United States Army Reserve (USAR).  His DD Form 214 shows he served on active duty for 2 years, 11 days, and 29 days and that his Foreign Service was 1 year, 4 months, and
18 days.  The location of his Foreign Service tour is not annotated on his DD Form 214.  

5.  Item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the National Defense Service Medal.   This same DD Form 214 does not show award of the Army Good Conduct Medal.

6.  Item 32 (Remarks) of the applicant's DD Form 214 shows he had 2 lost days during his current period of service.

7.  The facts and circumstances of the applicant's period of service to include his conduct and efficiency ratings, and his units of assignment and duty locations are not available for the Board to review due to the fire in 1973 at the National Personnel Records Center. 

8.  On 14 May 1957, the Office of the Adjutant General, Department of the Army, wrote the applicant and stated that his records showed he had a Foreign Service tour from 16 September 1954 to 3 February 1956.  The letter did not identify the Foreign Service tour unit of assignment or its geographic location.

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he served honorably and that when he was discharged he did not receive the Army Good Conduct Medal for his period of active duty service nor did he receive service awards for his Foreign Service tour in Korea. 

2.  Evidence of record shows that he was awarded the National Defense Service Medal for his qualifying service from the date he entered the Army on 8 March 1954 through 27 July 1954, which is the end date for award of the National Defense Service Medal for this period of service per Army regulatory guidance.  

3.  As the applicant's records were destroyed in the fire in 1973 at the National Personnel Records Center, there are no official records to determine his eligibility for foreign service tour awards. 

4.  Based on the evidence of record provided on the applicant's DD Form 214, which shows he had 2 lost days under the Manual for Court-Martial and the fact that there are no official military personnel records available to show that the applicant's conduct and efficiency ratings were "excellent," the assumption of regularity is presumed.  Therefore, there is insufficient evidence upon which to award the Army Good Conduct Medal.

5.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RMN__  __GTP__  __RTD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




____Richard T. Dunbar____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.