IN THE CASE OF:
BOARD DATE: 4 JUNE 2009
DOCKET NUMBER: AR20090000199
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, award of the Good Conduct Medal and its addition to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states, in effect, according to the National Personnel Records Center (NPRC) in St. Louis, Missouri, he is entitled to award of the Good Conduct Medal.
3. In support of his application, the applicant provides copies of his DD Form 214 and the letter from the NPRC.
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 to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed that the applicants records were destroyed in that fire. However, the DD Form 214 submitted by the applicant was sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States, in pay grade E-1, on 2 December 1952 and entered on active duty the same date. He served overseas for 1 year, 5 months, and 13 days. He was assigned to Company D, 720th Military Police Battalion (Japan). He was promoted to pay grade E-2 on 29 September 1954. This was his highest grade held.
4. The applicant was honorably released from active duty, in pay grade E-2, on 29 October 1954 and was transferred to the United States Army Reserve. He was credited with 1 year, 10 months, and 28 days net active service.
5. Entries on the applicants DD Form 214, Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) lists the following awards: the Korean Service Medal, the National Defense Service Medal, the United Nations Service Medal, and the Meritorious Unit Citation [correctly known as the Meritorious Unit Commendation]. The Good Conduct Medal is not listed.
6. The applicant's available records do not contain any information pertaining to his performance, conduct, and efficiency ratings.
7. The applicant submits a copy of his letter from the NPRC, dated 17 October 2008, wherein he was advised of his entitlement to the following awards: the Good Conduct Medal, the Meritorious Unit Commendation, the National Defense Service Medal, and the Korean Service Medal, and the United Nations Service Medal.
8. Army Regulation 600-65 (Personnel - Service Medals) provided for award of the Good Conduct Medal to Soldiers for exemplary behavior, efficiency, and fidelity in an enlisted status for a period of three continuous years completed subsequent to 26 August 1940, except that an award could be made for the completion of a period of one continuous year between 7 December 1941 and 2 March 1946, both dates inclusive. During the period of service for which an award of this medal was contemplated, all character and efficiency ratings, including those pertinent to attendance at service schools, must have been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946 would not be disqualifying. There must have been no conviction by court martial.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was advanced only one pay grade during his nearly two years of service and was not awarded any award for achievement which would shed light on his performance. There is no evidence available pertaining to his conduct and efficiency ratings to be used as a basis in determining his entitlement to award of the Good Conduct Medal. In the absence of available evidence, in all cases, the burden of proof rests with an applicant to submit substantiating proof of their entitlement for an award. Based on the foregoing, the applicant is therefore not entitled to award of the Good Conduct Medal at this time.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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.
_______ _ 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) AR20090000199
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090000199
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150003278
Section 4 (Service Outside Continental United States) shows he was assigned to Korea from on or about 21 September 1952 to on or about 29 August 1953. c. Section 9 (Medals, Decorations, and Citations) lists the following: * Parachutist Badge * Combat Infantryman Badge * United Nations Service Medal * Korean Service Medal with three bronze service stars * National Defense Service Medal d. Section 17 (Indorsements) shows ratings for character and efficiency. The applicant requests the award...
ARMY | BCMR | CY2012 | 20120011688
The FSM's military service records are not available to the Board for review. The evidence of record further shows the FSM qualified for award of the: * National Defense Service Medal based on his active duty service during the Korean Conflict * United Nations Service Medal based on his award of the Korean Service Medal * Republic of Korea War Service Medal for his service during the Korean Conflict Therefore, his DD Form 214 should be corrected to show these awards. d. Despite the absence...
ARMY | BCMR | CY2012 | 20120009832
The applicant provides: * his DD Form 214 * his Honorable Discharge Certificate from the U.S. Army Reserve (USAR), dated 1 July 1960 * a DA Form 1577 CONSIDERATION OF EVIDENCE: 1. Although the applicant's complete military records are not available for review, the available evidence shows he was honorably released from active service in the rank of corporal after completing 2 years of active military service, including service in Korea, with no time lost. ...
ARMY | BCMR | CY2010 | 20100011685
There is insufficient evidence to substantiate the applicant's contention that his DD Form 214 should be corrected to show he is authorized the Army of Occupation Medal with Japan Clasp and a silver service star to be affixed to his already awarded-Korean Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for a wound received as a result of enemy action on 24 September 1950...
ARMY | BCMR | CY2011 | 20110015448
Counsel requests, in effect, correction of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all awards he is entitled to and issuance of his awards. His DD Form 214 shows in: * item 26 (Foreign and/or Sea Service) - 1 year, 4 months, and 17 days * item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) * Korean Service Medal (KSM) with two bronze service stars * United Nations Service...
ARMY | BCMR | CY2009 | 20090005768
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 12 August 1952 to show award of the Army Good Conduct Medal, National Defense Service Medal, and the Republic of Korea Presidential Unit Citation. The technician also informed the applicant that the NPRC was pleased to verify his entitlement to the following awards: the Army Good Conduct Medal, Army of Occupation Medal with Japan Clasp, National...
ARMY | BCMR | CY2006 | 20060006402C070205
The applicant requests, in effect, that the records of his deceased uncle, a former service member (FSM) be corrected by awarding him the Good Conduct Medal (GCMDL), the Korean War Service Medal (KSM) and any other awards to which he is entitled to receive. He arrived in Korea on 28 September 1950 and was assigned to Medical Company, 8th Cavalry Regiment, for duty as an aidman. Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.
ARMY | BCMR | CY2012 | 20120021754
The applicant requests award of the Purple Heart for wounds he received in the Korean War. Army Regulation 600-65 (Service Medals), in effect at the time, stated 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 the 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...
ARMY | BCMR | CY2008 | 20080018277
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. Army Regulation 600-8-22 provides, in pertinent part, that the Korea Defense Service Medal is authorized for...
ARMY | BCMR | CY2010 | 20100021490
Application for correction of military records (with supporting documents provided, if any). His military records are not available to the Board for review. This form also shows in: * item 3 the entry PVT-2 (P) [Permanent) 22 April 1955 * item 26 (Foreign and/or Sea Service) the entry 10 months and 26 days * item 27 the National Defense Service Medal * item 28 (Most Significant Duty Assignment) the entry Radio Operator, Headquarters and Headquarters Company (HHC), 34th Infantry Regiment *...