IN THE CASE OF:	  

		BOARD DATE:	    6 May 2010

		DOCKET NUMBER:  AR20090018545 


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:

* he was stationed in Korea for approximately 17 months and promoted to corporal, but he was not recommended for or awarded the Army Good Conduct Medal
* part of the time in Korea he was on temporary duty at the I Corps Noncommissioned Officer Academy
* he attained the rank/grade of sergeant (SGT)/E-5
* his promotions would not have occurred if his conduct was unmilitary
* he would like to know his service to his country was worthy of the Army Good Conduct Medal  

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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 DD Form 214 shows he enlisted in the Regular Army in the rank/grade of private (PV1)/E-1 on 15 July 1952 for a period of 3 years.  He served in Korea for approximately 17 months.  He was promoted to the temporary rank/grade of SGT/E-5 on 29 September 1954.  On 14 July 1955, he was honorably released from active duty in the temporary rank/grade of SGT/E-5 after completing 3 years of creditable active service.  He was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.

4.  Item 27 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the United Nations Service Medal, Korean Service Medal with two bronze service stars, and the National Defense Service Medal as authorized awards.  His DD Form 214 does not show any lost time in item 38 (Remarks).

5.  There are no orders for the Army Good Conduct Medal in the available records.

6.  Army Regulation 672-5-1, 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 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

7.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) 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.  The service prescribed must have been performed as follows:

	a.  while on permanent assignment,

   b.  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days, or
   
   c.  while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  

2.  Although all of the applicant's military records are not available for review, his DD Form 214 shows he enlisted as a PV1/E-1 and he was honorably released from active duty in the temporary rank of SGT/E-5 after completing 3 years of active service with no time lost.  It also appears that based on his promotion to the rank of SGT shortly after completing two years of active service and no evidence of any disciplinary being taken against him, his not receiving the Army Good Conduct Medal (first award) was an administrative error.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (first award) based on completion of a period of qualifying service of three years from 15 July 1952 through 14 July 1955.

3.  The applicant served a period of qualifying service for award of the ROKWSM.  Therefore, his records should be corrected 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 him the Army Good Conduct Medal (1st award) for the period 
15 July 1952 through 14 July 1955; and

	b.  adding to item 27 of his DD Form 214 the Army Good Conduct Medal (1st award) and the Republic of Korea War Service Medal.



      _________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)                                         AR20090018545



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ABCMR Record of Proceedings (cont)                                         AR20090018545



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