IN THE CASE OF:	  

		BOARD DATE:	  23 April 2009

		DOCKET NUMBER:  AR20090000299 


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 he be awarded the Good Conduct Medal (AGCM).

2.  The applicant states that he was a great Soldier who never got into trouble and who played well with others.

3.  The applicant provides a copy of his WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge), a copy of his Honorable Discharge Certificate, and a copy of his WD AGO Form 100 (Separation Qualification Record).

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 was born on 21 December 1927 and enlisted in the Regular Army at Scott Field, Illinois, (now known as Scott Air Force Base) on 16 July 1946 for a period of 18 months.  He completed his basic training and then attended a clerk school at Fort Lee, Virginia, and on 5 December 1946 he was transferred to Japan for assignment to the 25th Quartermaster Company, 25th Infantry Division as a general clerk.

4.  He was promoted to the rank of technician fifth grade/E-5 on 7 July 1947 and on 15 October 1947 he departed Japan and was transferred to Fort Lawton, Washington, where he was honorably discharged on 12 November 1947 due to the convenience of the government.  He had served 1 year, 3 months, and 27 days of total active service.

5.  Army Regulation 600-65 (Personnel - Service Medals), 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.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was a great Soldier who never got into any trouble is not in doubt, there is insufficient evidence in the available records to determine with any degree of certainty that the applicant met all of the requirements for award of the AGCM.

2.  The loss of the applicant's records in the 1973 fire at the National Personnel Records Center coupled with the passage of time (61 years) makes it difficult at best to determine what actually happened in the applicant's case.

3.  Therefore, in the absence of evidence to show that he had "excellent" conduct and efficiency ratings throughout his service and that his record was void of any derogatory information that would serve to disqualify him for award of the AGCM, the Board must presume that what the Army did at the time was correct.  Accordingly, absent such evidence there appears to be no basis to award him the AGCM at this time.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this 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.



      ___________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)                                         AR20090000299



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ABCMR Record of Proceedings (cont)                                         AR20090000299



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