IN THE CASE OF:	

		BOARD DATE:	       30 JUNE 2009

		DOCKET NUMBER:  AR20090009004 


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.

2.  The applicant states, in effect, that there was a possible oversight and he was not awarded the Army Good Conduct Medal during his service.  He states he did receive the National Defense Service Medal sometime in the late 1950's or early 1960's.  He further states that he was approved by the Federal Bureau of Investigation for a Top Secret clearance and worked as a civilian analyst at Fort Devens, MA.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with a discharge date of 26 November 1952.

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 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 to conduct a fair and impartial review of this case.  The source document used is the applicant's copy of his DD Form 214.

3.  The applicant was inducted into the Army of the United States on 8 January 1951.  The highest rank he attained during while on active duty was corporal (CPL)/E-4. 

4.  The applicant was honorably discharged from active duty on 26 November 1952 due to a physical disability.   His DD Form 214 shows he served on active duty for 1 year, 10 months, and 19 days.

5.  Item 27 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the entry "NA."

6.  Item 35 (Total Payment upon Separation) shows the applicant received $840.77 in severance pay and $30.06 for travel in conjunction with his separation.

7.  There are no available records of the applicant's history of unit assignments or corresponding duty performance ratings available for the Board's review. 

8.  The Office of the Surgeon General, Department of the Army hospital admission records for the year 1952 shows that the applicant was admitted to the Fort Devens Army Hospital in September 1952, that his medical diagnosis was ulcer of the small intestine, and that he was hospitalized between 40 to 49 days.  This same form shows that due to proceedings of a Physical Evaluation Board (PEB), he was separated with severance pay. 

9.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal 

military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  As there are no available records to show what units the applicant was assigned to during his active service enlistment period or his commanders' conduct and efficiency evaluation ratings during his assignments, an award of the Army Good Conduct Medal cannot be granted.  It is unknown whether the applicant had “excellent” conduct and efficiency ratings.  Regrettably, therefore, there is insufficient evidence upon which to award the Army Good Conduct Medal.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  There is no evidence of record nor has the applicant provided any evidence that would justify award of the Army Good Conduct Medal.

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.



      _________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)                                         AR20090009004



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ABCMR Record of Proceedings (cont)                                         AR20090009004



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