IN THE CASE OF:
BOARD DATE: 9 June 2009
DOCKET NUMBER: AR20090001934
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Good Conduct Medal.
2. The applicant states that the Good Conduct Medal is not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, dated 14 June 1958, in support of his request.
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 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 applicants DD Form 214 shows he enlisted in the Regular Army for a period of 3 years in the rank of private in Jackson, MS, on 6 July 1955. This form also shows that at the time of separation, he held military occupational specialty (MOS) 056.20 (Morse Interceptor Operator).
4. The applicant's DD Form 214 also shows he was honorably released from active duty in the rank of specialist third class (temporary) and transferred to the U.S. Army Reserve on 14 June 1958 for completion of his military service obligations. He completed 2 years, 11 months, and 9 days of creditable active service.
5. Item 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "N/A."
6. The applicant's reconstructed records do not contain general orders awarding him the Good Conduct Medal.
7. Army Regulation 672-5-1 (Military Awards), 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. 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 contends that his DD Form 214 should be corrected to show award of the Good Conduct Medal.
2. The applicant's reconstructed record is void of any recommendation for and/or order that shows the applicant was recommended for or awarded the Good Conduct Medal. Furthermore, neither the applicant's DA Form 24 (Service Records) nor DA Form 20 (Enlisted Qualification Record) is available for review with this case, which makes it impossible to determine the applicant's conduct and efficiency ratings for the entire period of qualifying. Regrettably, there is insufficient evidence to grant the applicant relief in this case.
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.
_______ _ _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) AR20090001934
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ABCMR Record of Proceedings (cont) AR20090001934
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