IN THE CASE OF:	

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080001538 


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, in effect, that he be awarded the Good Conduct Medal.

2.  The applicant states, in effect, that the Good Conduct Medal was not awarded to him for something he had nothing to do with.  He states that he had nothing to do with the rations that were taken by two other servicemen.  He was only the driver and had nothing to do with loading the rations and seeing that they were not stolen.  He adds that at the present time, he just wants his personnel records cleared.  

3.  He states that when the two officers made the discovery of the missing rations, not once did any one of the two captains ever come to him and ask him about or ask him if he knew anything about what happened.  The next day, he was broken (sic reduced) from a corporal (CPL) to a private (PVT).  He gave his life for the greatest country and would do it again.

4.  The applicant provides a copy of his award certificate for the Purple Heart, a copy of his Enlisted Record, and a copy of his Honorable Discharge Certificate in support of his request.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he enlisted on 16 April 1940.  He was trained in military occupational specialty (MOS) 245, Heavy Truck Driver.  He served in the Asiatic-Pacific Theater of Operations (APTO) from 1 October 1942 to 31 July 1943.  He was promoted to Tec 5 [Technician 5th Grade] on 1 September 1942.  His Enlisted Record shows he served as a Tec 5 from 1 September 1942 to 14 May 1943.

3.  The applicant was honorably separated on 3 March 1944 in the rank of private.  The date the applicant was reduced to Private is not shown on his available records.  

4.  The applicant’s WD AGO Form 53 (Report of Separation) shows he was awarded the American Defense Service Medal and the Asiatic-Pacific Campaign Medal.  

5.  The applicant provided a copy of an award certificate awarding him the Purple Heart for wounds received in action on 21 July 1943, during World War II.  This award certificate was not prepared until 20 May 1988.

6.  A review of his WD AGO Form 24 (Service Record) shows his character and efficiency as "excellent."  The facts and circumstances related to his reduction in rank are not available for the review.  There is no evidence the applicant was awarded the Good Conduct Medal while he serve on active duty.

7.  The applicant’s Enlisted Record shows his character as excellent at the time he was separated on 3 March 1944.

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.  


The regulation states that, after 27 August 1940, three years of qualifying service 
was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not awarded the Good Conduct Medal while he served on active duty.  

2.  In his request the applicant claims that he had nothing to do with the stolen rations by other servicemen and that he was reduced in rank.  The facts and circumstances related to his reduction are not available for review.

3.  The evidence shows the applicant served on active duty in the rank of Technician 5th Grade from 1 September 1942 until 14 May 1943.  The applicant was discharged in the rank of Private.  Even though he received an "excellent" character rating at his discharge, the record clearly shows there was turbulence in his conduct which because of a lack of records cannot be adequately explained. 

4.  Based on the available evidence, the applicant is not eligible for award of the Good Conduct Medal and to have it added to his record.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x____  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.



      __________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)                                         AR20080001538



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ABCMR Record of Proceedings (cont)                                         AR20080001538



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