IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20090000768
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, that the Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that he was awarded the AGCM after his release from active duty (REFRAD).
3. The applicant provides no documentation 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 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 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. This case is being considered using reconstructed records that primarily consist of the applicant's DD Form 214, an NA Form 13038 (Certification of Military Service) issued by the National Archives and Records Administration, National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and a DA Form 1577 (Authorization for Issuance of Awards) that remain in the applicant's NPRC file.
3. The applicant's NPRC file contains a Certification of Military Service that shows he served on active duty in the Army of the United States (AUS) from
4 March 1954 through 18 February 1956. It also contains a DD Form 214 that shows he was inducted into the AUS and entered active duty on 4 March 1954.
4. The applicant's DD Form 214 also shows that he held the rank of specialist 3rd class (SP3)/pay grade E-4 on his REFRAD. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that during his active duty tenure, he earned the Army of Occupation Medal with Germany Clasp and National Defense Service Medal. Item 38 (Remarks) confirms he accrued no lost time during his active duty tenure.
5. On 18 February 1956, the applicant was honorably REFRAD after completing a total of 1 year, 11 months, and 15 days of active duty service during the period covered by the DD Form 214, of which 1 year, 4 months, and 13 days was served overseas.
6. The applicant's NPRC file contains no derogatory information or adverse actions. It does contain a DA Form 1577, dated 1 November 1990, which shows the Army Reserve Personnel Center (ARPERCEN), the responsible Army agency at the time, authorized the issuance of the AGCM to the applicant.
7. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. 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.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that he was awarded the AGCM was carefully considered and found to have merit. The evidence confirms that ARPERCEN, which was the responsible Army agency at the time, authorized the issuance of the AGCM to the applicant. Absent any derogatory information or adverse information or a unit commander disqualification in the NPRC file, or of any adverse information on the DD Form 214, it is reasonable to presume the applicant was eligible for the AGCM when it was authorized for issuance by ARPERCEN. Therefore, it would be appropriate to add the AGCM to his DD Form 214 at this time for his qualifying period of honorable active duty service from 4 March 1954 to 18 February 1956.
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
adding to item 27 of his DD Form 214 the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 4 March 1954 to
18 February 1956, and by providing him a correction to his DD Form 214 that includes this award.
_________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.
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