IN THE CASE OF:	  

		BOARD DATE:	        21 August 2008

		DOCKET NUMBER:  AR20080006986 


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 award of the National Defense Service Medal and the Good Conduct Medal.

2.  The applicant states, in effect, that he served a qualifying period of service for those awards.

3.  The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 18 March 1953; and a copy of his Honorable Discharge Certificate, dated 31 October 1956.

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.

3.  The applicant's DD Form 214 shows he entered active duty in Fayetteville, North Carolina, on 14 March 1951, in the rank/grade of private (PVT)/E-1 and that he was trained in military occupational specialty (MOS) 1660 (Automotive Mechanic).  This form also shows he served with C Battery, 516th Anti-Aircraft Artillery (AAA) Gun Battalion.

4.  The applicant’s DD Form 214 further shows he completed 2 years of creditable military service.  He was honorably separated in the rank/grade of private first class (PFC) (T) on 18 March 1953. 

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the entry "NA," indicating the applicant was not awarded any awards or decorations during his military service.

6.  The applicant’s reconstructed records do not contain orders awarding the applicant the Good Conduct Medal.

7.  Item 38 (Remarks) of the applicant’s DD Form 214 shows he had 5 days of lost time in accordance with Section 6a, Appendix 2b, Manual for Courts-Martial, dated 1951.

8.  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.

9.  Army Regulation 600-8-22 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.  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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  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 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  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.

11.  Section 6a of Appendix 2b of the Manual for Courts-Martial, dated 31 May 1951, states that every Soldier who in an existing or subsequent enlistment deserts the service of the United States, or without authority absents himself from his organization, station, or duty for more than one day, or who is confined for more than one day under sentence, or while awaiting trial and disposition of his case, if the trial results in conviction, or through the intemperate use of drugs or alcoholic liquor, for more than one day to perform duty, shall be liable to serve, after his return to a full duty status, for such period as shall, with the time he may have served prior to such desertion, unauthorized absence, confinement, or inability to perform duty, amount to the full term of that enlistment period which is required to serve with his organization before being transferred to the Army reserve. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the National Defense Service Medal, the evidence of record shows that the applicant served a qualifying period of service for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award. 

2.  With respect to award of the Good Conduct Medal, the evidence of record confirms that the applicant served honorably from 15 March 1951 to 18 March 1953.  However, the applicant’s records do not contain orders that show he was awarded the Good Conduct Medal.  Furthermore, his DD Form 214 shows he had 5 days of lost time, which is considered derogatory information that would have disqualified him from award of the first award of the Good Conduct Medal.  Therefore, there is insufficient evidence to award the applicant the Good Conduct Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the National Defense Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Good Conduct Medal.


															XXX
      ______________________
               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)                                         AR20080006986



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ABCMR Record of Proceedings (cont)                                         AR20080006986



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