IN THE CASE OF:	

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090011844 


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, that the Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states, in effect, that he wants all his awards reflected on his DD Form 214 for his future generations.

3.  The applicant provides copies of his DD Form 214 and National Personnel Records Center (NPRC) letters, dated 13 May 2009 and 19 June 2009, respectively, 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 NPRC in 1973.  It is believed 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.  This case is being considered using reconstructed records that primarily consist of the applicant’s DD Form 214.

3.  The applicant’s DD Form 214 shows that the applicant entered active duty on 9 August 1953 while serving as a member of the Army National Guard.  It also shows he held and served in military occupational specialty (MOS) 145.70 (Artillery Survey Specialist).  He served on active duty for 1 year, 11 months, and 22 days, of which 1 year, 5 months, and 3 days was served overseas, until being honorably released from active duty (REFRAD) and returned to his Army National Guard unit on 30 July 1955.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued on 30 July 1955 shows he earned the United Nations Service Medal (UNSM), Korean Service Medal (KSM), and the National Defense Service Medal.  Item 38 (Remarks) confirms he accrued no lost time during his active duty tenure.

5.  The available evidence contains no indication that the applicant committed any infractions that would have disqualified him from receiving the AGCM and there is no information or unit commander’s disqualification in the NPRC file that would have precluded him from receiving the AGCM at the time of his REFRAD.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

7.  Paragraph 9-16 of Army Regulation 600-8-22 prescribes policy for award of the Republic of Korea War Service Medal.  It states in pertinent part, that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.


DISCUSSION AND CONCLUSIONS:

1.  By regulation, award of the AGCM is not automatic; however, disqualification must be justified.  The evidence confirms the applicant completed a total of 1 year, 11 months, and 22 days of honorable active military service during the period covered by his DD Form 214.  Therefore, lacking any derogatory information or a formal unit commander’s disqualification that would have precluded him from receiving the award, it would be appropriate and serve the interests of justice and equity to award him the AGCM for his period of qualifying honorable active duty service from 9 August 1953 through 30 July 1955 and to add this award to his DD Form 214 at this time.

2.  The evidence of record further confirms that based on his service in the Republic of Korea and his awards of the UNSM and KSM, the applicant is further entitled to the Republic of Korea War Service Medal.  As a result it would be appropriate to add this award to his record and DD Form 214 at this time.

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 awarding him the Army Good Conduct Medal for his qualifying period of honorable active military service from 9 August 1953 through 30 July 1955, 

showing his entitlement to the Republic of Korea War Service Medal, adding these awards to item 27 of his DD Form 214, and by providing him a correction to his DD Form 214 that includes these changes.



      ____________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)                                         AR20090011844



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ABCMR Record of Proceedings (cont)                                         AR20090011844



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