IN THE CASE OF:
BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090010895
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 military records to show award of the Army Good Conduct Medal. He also requests replacement medals.
2. The applicant states he did not receive the Army Good Conduct Medal and he has lost all of his medals.
3. The applicant provides, in support of his application, a copy of DA Form 1577 (Authorization for Issuance of Awards) and a picture of the Presidential Unit Citation.
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 applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. The applicant requests replacement medals. The ABCMR corrects records; the ABCMR does not issue medals. Army retirees and veterans who terminated their service prior to 1 October 2002 must submit requests to the National Personnel Records Center (NPRC), 9700 Page Avenue, St. Louis, Missouri 63132. The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Requests submitted to the NPRC may be submitted via a letter or the Standard Form (SF) 180 (which can be obtained online). Requests must include a copy of the retirees/veterans separation or discharge paperwork and any other supporting documentation to substantiate the request. Based on the information provided, the applicants request for the replacement of lost medals/badge will not be discussed further in these proceeding.
4. The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows the following:
a. He was inducted into the Army of the United States on 19 November 1952.
b. He served in the Republic of Korea and was awarded the Korean Service Medal with one bronze service star, United Nations Service Medal, National Defense Service Medal, Republic of Korea Presidential Unit Citation, and the Combat Infantryman Badge.
c. His primary unit of assignment was with the 35th Infantry Regiment.
d. He was released from active duty on 22 September 1954 and transferred to the United States Army Reserve.
e. He attained the rank of sergeant first class and completed 1 year,
10 months, and 4 days of creditable active service.
5. Army Regulation 600-65, in effect at the time, provided policy and criteria concerning service medals. 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, for first award only, 1 year served entirely during the period 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:
1. The applicant contends that his military records should be corrected to show award of the Army Good Conduct Medal.
2. The available records do not contain the applicant's conduct and efficiency ratings. Therefore, entitlement to the Good Conduct Medal cannot be established.
3. In view of the foregoing, the applicant's request should be denied.
BOARD VOTE:
____X___ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined that it was fair to presume from the applicants rapid rise in rank (to sergeant first class, E-6, in less than two years) that his conduct and efficiency ratings had been all excellent.
2. As a result, the Board determined the applicant should be awarded the Army Good Conduct Medal for the period 19 November 1952 through 22 September 1954 and this award should be added to his DD Form 214.
_______ _ 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) AR20090010895
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ABCMR Record of Proceedings (cont) AR20090010895
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