IN THE CASE OF:	  

		BOARD DATE:	      30 JUNE 2009

		DOCKET NUMBER:  AR20090003538 


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 award of the Good Conduct Medal.

2.  The applicant states that he should have received the Good Conduct Medal for his honorable service from 31 August 1948 to 16 June 1952.

3.  The applicant did not provide any additional documentary evidence 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 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's reconstructed record shows he enlisted in the Regular Army for a period of 3 years in New York City, NY, on 31 August 1948.  He completed basic combat and advanced individual training and was awarded military occupational specialty 3239 (Teletype Machine Operator).  

4.  The applicant’s reconstructed record shows he completed 3 years, 9 months, and 16 days of creditable military service.  He was honorably separated in the temporary rank/grade of corporal (CPL) and transferred to the U.S. Army Reserve Control Group on 16 June 1952. 

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was not awarded any awards or decorations.  

6.  Section 24 (Endorsements) of the applicant’s DA Form 24 (Service Record) shows he received an excellent conduct and efficiency rating throughout his military service.  Additionally, the section shows he was considered favorably for award of the Good Conduct Medal.  

7.  The applicant’s reconstructed record does not contain any derogatory information.  Additionally, item 38 (Remarks) of the applicant’s DD Form 214 shows he had no lost time during his military service. 

8.  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.

9.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served honorably during the period 31 August 1948 through 16 June 1952.  He completed 3 years, 9 months, and 16 days of active service, attained the rank of corporal, and received an excellent conduct and efficiency rating throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him his first award of the Good Conduct Medal based on completion of qualifying service from 31 August 1948 through 30 August 1951.  Therefore, he is entitled to correction of his records to show this award.

2.  The applicant’s period of active duty from 31 August 1948 through 16 June 1952 is a qualifying period for award of the National Defense Service Medal.  Therefore, the applicant is entitled to award of the National Defense Service Medal and correction of his records to show this award. 

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:

	a.   awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 31 August 1948 through 30 August 195

	b.  awarding the applicant the National Defense Service Medal; and

	c.  adding the Good Conduct Medal (1st Award) and the National Defense Service in item 26 of his DD Form 214, dated 16 June 1952.




      _______ _   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)                                         AR20090003538





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ABCMR Record of Proceedings (cont)                                         AR20090003538



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