IN THE CASE OF:
BOARD DATE: 31 MARCH 2009
DOCKET NUMBER: AR20080018976
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 that his records be corrected to add his award of the Good Conduct Medal and any other awards to which he may be entitled.
2. The applicant states that he was awarded the Good Conduct Medal and he believes that he is entitled to have that award and any other awards to which he may be entitled entered on his records.
3. The applicant provides a DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 applicants 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 (NPRC) in 1973. It is believed that the applicants 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 was born on 17 March 1931 and enlisted in the Regular Army 15 January 1951 for a period of 3 years. He completed his Signal Corps training at Camp Gordon, Georgia, and was transferred to Germany, where he served with the 321st Signal Battalion for 1 year, 11 months, and 12 days. He was promoted to the rank of sergeant on 22 October 1953.
4. On 20 December 1953, he was honorably discharged at Fort Sheridan, Illinois. He had served 2 years, 11 months, and 6 days of total active service. He was awarded the National Defense Service Medal and the Army Occupation Medal.
5. The applicant's conduct and efficiency ratings are not present in the available records and there is no evidence to show that he was awarded the Good Conduct Medal.
6. Army Regulation 600-65 (Service Medals), in effect at the time, provided policy and criteria concerning the Army Good Conduct Medal. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was awarded the Good Conduct Medal has been noted; however, he has failed to show through the evidence submitted with his application and the evidence of record that such was the case. In short, he has not provided a copy of the orders that awarded him that medal.
2. While it is unfortunate that the applicant's records were destroyed in the 1973 NPRC fire, it is difficult at best to determine what happened in his case, given the passage of some 55 years since his discharge.
3. Inasmuch as the award of the Good Conduct Medal is not an automatic entitlement and required "excellent" conduct and efficiency ratings throughout the period of service in question, as well as the commander's approval, there is insufficient information available to make a determination as to whether he was or should have been awarded the Good Conduct Medal or any other awards.
4. Therefore, in the absence of sufficient evidence to establish that he was eligible for or was awarded the Good Conduct Medal or any other awards, it must be presumed that what the Army did at the time was correct.
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
___X_____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
______ _ 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) AR20080018976
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