IN THE CASE OF:
BOARD DATE: 29 September 2009
DOCKET NUMBER: AR20090008631
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 Army Good Conduct Medal (AGCM).
2. The applicant states that he never received the AGCM and that he had no problems while he was in the military.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) in support of this 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 in 1973. It is believed that the applicants records were lost or destroyed in that fire. The primary evidence available to this Board is the applicants DD Form 214 with an effective date of separation of 13 July 1953.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on
13 July 1950. The highest rank he held was sergeant (temporary). On 13 July 1953, the applicant was honorably discharged after completing a total of 3 years and 1 day of active military service. His DD Form 214 shows no recorded lost time. Item 26 (Foreign and/Sea Service) of his DD Form 214 shows he served 11 months in an overseas assignment.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he was awarded the Combat Infantryman Badge, Purple Heart, Korean Service Medal with two bronze service stars, United Nations Service Medal, and the National Defense Service Medal.
6. The available evidence does not show the applicant was awarded the AGCM.
7. Army Regulation 600-65, in effect at the time, provided policy and criteria concerning service medals. It provided that the AGCM was awarded for each
3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, for the first award only, 1 year served entirely during the period from 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.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant distinguished himself by serving in the Korean War which resulted in the award of both the Purple Heart and the Combat Infantryman Badge. However, there are no records available to show he received all "excellent" conduct and efficiency ratings during his period of qualifying service. Therefore, regrettably, the evidence is insufficient to award the AGCM.
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) AR20090008631
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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