BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090019498 


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 Good Conduct Medal and any other awards that should have been awarded during his tenure of service in Korea and Japan.

2.  The applicant states he was never aware of the awards standards at the time nor was he advised of these issues.  As a private first class (PFC)/E-3, it was not his position to know, understand, or be aware of the Army policy.  He adds that he was an exemplary Soldier with no record of nonjudicial punishment or adverse information.  He should have been awarded the Good Conduct Medal and any other awards as a result of his service in Korea and Japan.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 8 May 1950; and a letter, dated 5 November 2009, to his Member of Congress, in support of his request.

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 for a period of 36 months and entered active duty in Portland, ME, on 17 July 1947.  This form also shows that at the time of his separation, he held military occupational specialty 646 (Telephone Repairman).  His most significant assignment was with the 72nd O.B. D. Company.  It is unclear what the acronym O.B.D stands for. 

4.  The applicant’s DD Form 214 shows that he completed 2 years, 9 months, and 22 days of creditable military service, of which 1 year, 11 months, and 20 days was foreign service.  However, there is no indication on the DD Form 214 of the exact location of this foreign service.  He was honorably released from active duty on 8 May 1950 in the rank/grade of specialist PFC/E-3 for the convenience of the Government.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army of Occupation Medal with Japan Clasp.  Item 27 does not show award of the Good Conduct Medal.  

6.  The applicant's reconstructed records do not contain official orders awarding him the Good Conduct Medal.  

7.  The applicant's DA Form 24 (Service Record) which would have showed his conduct and efficiency ratings throughout his military service, is not available for review with this case.

8.  The applicant submitted a copy of a letter, dated 5 November 2009, in which he stated that he served with honor in Korea and post-war Japan.  He did not have an adverse action, nonjudicial punishment, or lost time.  His military service was exemplary.  He feels that he was not awarded the standard award of the Good Conduct Medal due to an administrative error as this award, even today, is awarded in recognition of honorable service and demonstrated good personal conduct to our Nation.  He adds that he made several attempts to obtain his military records but, in effect, was given a run-around. All he wants is recognition that his honorable service justifies an award of the Good Conduct Medal.  

9.  Army Regulation 600-65 (Service Medals), in effect at the time, provided in pertinent part policy and criteria concerning the Army Good Conduct Medal.  It stated that the Army Good Conduct Medal was awarded for a period of 3 continuous years completed subsequent to 26 August 1940, except that an award may be made for the completion of a period of one continuous year between 7 December 1941 and 2 March 1946, both dates inclusive.  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 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Good Conduct Medal and all awards and decorations he earned during his military service.  

2.  The applicant's honorable service to our Nation is not in question.  However, his reconstructed record is void of any recommendation for and/or order that shows the applicant was recommended for or awarded the Good Conduct Medal. Additionally, the applicant's DA Form 24 (Service Record) is not available for review with this case, which makes it impossible to determine the applicant's conduct and efficiency ratings for the entire period of qualifying service.  

3.  Furthermore, prior to 27 June 1950, the regulation required a member to complete 3 years of continuous enlisted active Federal military service before an award of the Good Conduct Medal could be made.  In his case, he completed 2 year, 9 months, and 22 days of active service on 8 May 1950.  In view of the foregoing, there is insufficient evidence to award the applicant the Good Conduct Medal in this case. 

4.  With respect to any other awards as a result of his foreign service, the applicant's 1 year, 11 months, and 20 days of foreign service is not in question.  However, there is no indication of the exact location of this foreign service.  Again, in the absence of the DA Form 24, or any other documentary evidence, that shows the exact dates of arrival and departure and the exact location of this foreign service, it is impossible to establish his entitlements to any awards pertaining to service in Korea or Japan.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   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)                                         AR20090019498



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019498



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1