BOARD DATE:	  11 August 2009

		DOCKET NUMBER:  AR20090003533 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).

2.  The applicant states, in effect, that he feels he deserves the Good Conduct Medal for his service to his country.  After making some mistakes, he served his country well until he was wounded.  He returned to his unit on New Year's Day after Christmas leave.  After 5 days in the hospital due to alcohol abuse, he returned to regular duties as a Soldier in Company C, 759th Tank Battalion.  He and some other Soldiers were transferred in Spring 1942 to Company G, 32nd Armored Regiment, 3rd Armored Division, at Fort Polk, Louisiana.  He served with that company until he was severely wounded on 10 October 1944.  He had no blemishes on his record during this time and the one incident is the only thing on his record.  Since his discharge, he has done claims work for men and women who served during four wars (World War I, World War II, Korean War, and Vietnam War).  It was an honor to serve his country in combat and also to serve veterans who have fought for their country.

3.  In support of his application, the applicant provides copies of his WD AGO Form 53-55, a certificate for award of the Bronze Star Medal, a timeline of events, and two letters from former servicemen supporting his request for award of the Good Conduct Medal. 



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 and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The available evidence show the applicant enlisted in the Regular Army, in pay grade E-1, on 22 June 1940, for 3 years.  He completed training in military occupational specialty 604, light machine gunner.  

4.  A Clinical Record Brief shows he was admitted to the hospital for alcoholism, acute, on 5 January 1942 and returned to duty on 10 January 1942.

5.  The available evidence also show he arrived overseas in the European Theater of Operations from 16 September 1943 to on or about 12 January 1945 and was assigned to Company G, 32nd Armored Regiment, 3rd Armored Division.  

6.  A WD AGO Form 8-24 (Medical Diagnosis Card) shows the applicant sustained gunshot (machine gun) wounds penetrating his head and upper extremities, small fragment wounds penetrating the neck and left shoulder, and comminuted and compound fractures, while engaged in combat against the enemy on 10 October 1944.  

7.  The applicant's available records do not contain any information pertaining to his performance, conduct, and efficiency ratings.  He had 5 days of lost time due to the abuse of alcohol.  The lost time was ruled "not in the line of duty."  This lost time was recorded and is shown in Item 55 (Remarks) of the applicant's WD AGO Form 53-55.

8.  The applicant was honorably discharged from active duty, in the rank of private first class, on 20 April 1945, with a Certificate of Disability for Discharge.  He was credited with 3 years, 5 months, and 21 days of net active continental service and 1 year, 4 months, and 8 days of foreign service.  He was also credited with 5 days of lost time.  The Good Conduct Medal is not shown in Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55.

9.  The applicant submits a copy of a certificate, dated 21 December 1989, showing he was awarded the Bronze Star Medal for meritorious achievement in ground combat against the armed enemy during World War II in the European-African-Middle Eastern Theater of Operations.

10.  The applicant submits two letter from two former service members supporting his request for award of the Good Conduct Medal by attesting that he was a good Solider in the states and in combat and that he is entitled to the award.

11.  Army Regulation 600-68 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 that 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.  Notwithstanding the two letters submitted in support of the applicant's request for award of the Good Conduct Medal, there is no evidence available, and the applicant provided none, pertaining to his conduct and efficiency ratings to be used as a basis in determining his entitlement to award of the Good Conduct Medal.

2.  The available evidence shows the applicant had 5 days of lost time due to alcohol abuse and this lost time was ruled "not in the line of duty" which may have been the disqualifying factor for award of the Good Conduct Medal.

3.  The applicant has provided insufficient evidence which shows that he was recommended and subsequently approved for award of the Good Conduct Medal.

4.  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 not entitled to award of the Good Conduct Medal at this time.

5.  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.



      _______ _   _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)                                         AR20090003533



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090003533



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1