IN THE CASE OF:	  

		BOARD DATE:	       15 October 2008 

		DOCKET NUMBER:  AR20080012350 


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 Good Conduct Medal.

2.  The applicant states, in effect, he served 3 years in the Regular Army from 14 September 1949 through 1 October 1952.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation From The Armed Forces of The United States), 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 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 enlisted in the Regular Army for 3 years on 14 September 1949 at Camp Holabird, Baltimore, MD.  His records show he was trained in military occupational specialty (MOS) 4641 which included duties as a field wireman, telephone operator, and switchboard operator.  He was assigned to the Field Artillery Corps.

4.  The applicant was transferred to the Far East Command where he performed occupation duty in Japan for an undetermined period.  When the Korean War broke out, he was sent to Korea, where he participated in 4 campaigns – UN Defensive (27 June to 15 September 1950); UN Offensive (16 September to 2 November 1950); Chinese Communist Forces (CCF) Intervention (3 November 1950 to 24 January 1951); and 1st UN Counteroffensive (25 January 25 to 21 April 1951).  He was wounded in battle and awarded the Purple Heart.

5.  The applicant's available record shows he was promoted to the rank of Corporal on 13 July 1951 and that he had no lost time during 3 years and
18 days of creditable active Federal service.  His DD Form 214 lists his awards and decorations as the Korean Service Medal with 4 bronze campaign [service] stars, the Army of Occupation Medal with Japan Clasp, and the Purple Heart.

6.  The record contains a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 16 June 2008, showing that he would be provided with the Purple Heart, the Army of Occupation Medal with Japan Clasp, the National Defense Service Medal, the Korean Service Medal with 4 bronze service stars, and the United Nations Medal.

7.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the 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.

8.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) 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.  The applicant requests award of the Good Conduct Medal.

2.  The applicant's complete records are not available for review and his conduct and efficiency ratings cannot be determined.  However, from those existing records, the following is known:

	a.  He served 3 years and 18 days without a single day of lost time due to absence without leave (AWOL) or confinement.

	b.  In less than 2 years, his leadership abilities were recognized and he was promoted through the enlisted ranks to the junior noncommissioned officer (NCO) rank of Corporal.

	c.  He did his duty in peace and in war and he was wounded carrying out that duty.

3.  Based upon the existing record, it would appear the applicant was a Soldier whose skills and leadership were recognized by his chain of command.  Given the fact that his DD Form 214 was not properly completed to show all of the awards to which he is entitled, it is presumed his award of the Good Conduct Medal was inadvertently omitted.  He should be awarded the Good Conduct Medal and it should be added to his DD Form 214.

4.  The NPRC has already informed the applicant of his entitlement to the National Defense Service Medal and the United Nations Medal that do not appear on his DD Form 214.  Those awards should also be added.  In addition, the Department of Defense approved award of the Republic of Korea War Service Medal on 20 August 1999.  The applicant should also receive this award.

5.  The applicant's DD Form 214 erroneously shows he was separated on 1 October 1950 instead of 1 October 1952.  He was contacted by a staff member of the Board concerning this error and asked whether he desired to amend his application to correct this error.  However, the applicant indicated that his separation date has already been corrected.

BOARD VOTE:

___X____  __X_____  __X_____  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:

	a.  awarding him the Good Conduct Medal for exemplary conduct, efficiency and fidelity during the period 14 September 1949 through 1 October 1952;

	b.  awarding him the Republic of Korea War Service Medal for his service and sacrifice during the Korean War; and

	c.  adding the Good Conduct Medal, National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal to his DD Form 214.


															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)                                         AR20080012350



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012350



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1