IN THE CASE OF:
BOARD DATE: 5 February 2009
DOCKET NUMBER: AR20080016005
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 correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Good Conduct Medal.
2. The applicant states, in effect, that the Good Conduct Medal was not entered on his DD Form 214 at the time of his release from active duty.
3. The applicant provides in support of his application a copy of his DD Form 214.
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 applicants 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 applicants 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 for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, the applicant's DD Form 214 is sufficient documentation to conduct a fair and impartial review of this specific request.
3. On 11 February 1952, the applicant was inducted into the Army of the United States. On 19 January 1954, he was released from active duty with an honorable characterization of service and transferred to the United States Army Reserve. He had attained the rank of corporal, pay grade E-4, and had completed 1 year, 11 months, and 9 days of creditable active duty service.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, United Nations Service Medal, Korean Service Medal with three bronze service stars, and the Combat Infantryman Badge. It does not show award of the Good Conduct Medal.
5. Army Regulation 600-65 (Awards) (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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should have been awarded the Good Conduct Medal at the time of his release from active duty.
2. The available evidence clearly shows that the applicant completed sufficient time on active duty to qualify for award of the Good Conduct Medal. However, the available records do not provide any evidence showing that his conduct and efficiency ratings were all "excellent" as required by regulation at the time.
3. Regrettably, in view of the above, there is insufficient evidence on which to grant the applicant's request for award of the Good Conduct Medal.
BOARD VOTE:
____X___ ________ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ____X___ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the majority of the Board determined during their review that the available evidence is sufficient to warrant a recommendation for relief. There is no adverse information available to preclude award of the Good Conduct Medal. The Soldier met the required time for the award and the evidence indicates he served in Korea during hostilities.
2. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Good Conduct Medal for the period 11 February 1952 to 19 January 1954 and adding this award to his DD Form 214.
____________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) AR20080016005
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