IN THE CASE OF:	  

		BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090020202 


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, through his United States Senator, requests reconsideration of his earlier request for award of the Good Conduct Medal.  

2.  The applicant did not make a statement.  However, his Member of Congress states that the applicant served in the Korean War and received an Honorable Discharge Certificate upon completion of his service.  In effect, the Senator argues that an Honorable Discharge Certificate is proof of entitlement to the Good Conduct Medal.

3.  The applicant provides a copy of his Honorable Discharge Certificate, dated 5 September 1956; a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 19 November 1952; and a copy of his DD Form 215 (Correction to DD Form 214), dated 30 January 2009, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080009439, on 9 September 2008, and AR20090000556, on 19 March 2009.


2.  The applicant did not submit any new evidence which was not previously reviewed by the ABCMR; however, it appears that his receipt of an Honorable Discharge Certificate was not considered as proof of good conduct; therefore, it is considered new argument and as such, as an exception to policy, warrants consideration by the Board.

3.  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.

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army in the rank/grade of Recruit/E-1 for a period of 21 months and entered active duty in Portland, OR, on 19 February 1951.  This form also shows that at the time of his separation, he held military occupational specialty 3729 (Combat Construction/Demolition Specialist).  His most significant assignment was with the 120th Engineer Construction Battalion. 

5.  The applicant’s DD Form 214 shows that he completed 1 year, 9 months, and 1 day of creditable military service, of which 10 months and 17 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 19 November 1952 in the rank/grade of private first class (PFC) (Temporary) for the convenience of the Government and transferred to the Enlisted Reserve Corps for completion of his Reserve obligation.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, as amended, shows he was awarded the United Nations Service Medal, the National Defense Service Medal, and the Korean War Service Medal with a bronze service star.  Item 27 does not show award of the Good Conduct Medal.  

7.  Item 38 (Remarks) of the applicant’s DD Form 214 shows he had no lost time under Section 6(a), Appendix 2b, Manual of Court-Martial, 1951.  

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

9.  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.
10.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1), 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.

11.  Army Regulation 615-360 (Enlisted Personnel – Discharge), in effect at the time of the applicant's service, provided that an Honorable Discharge Certificate would be furnished when a Soldier:

a. has conduct ratings of at least "very good";

b. has efficiency ratings of at least "excellent";

c. has not been convicted by a general court-martial; and

d. has not had more than one special court-martial conviction.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Good Conduct Medal.  The argument advanced is that since he received an Honorable Discharge Certificate, that certificate should be accepted as proof of entitlement to the Good Conduct Medal.

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 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.  In order to receive the Good Conduct Medal, a Soldier was required to have “excellent” conduct ratings, “excellent” efficiency ratings, and no court-martial convictions.

3.  The requirements for award of an Honorable Discharge Certificate were less stringent than for award of the Good Conduct Medal.  The Honorable Discharge Certificate only required a conduct rating of "very good," not "excellent," and a 

Soldier could have received a special court-martial conviction and still receive an Honorable Discharge Certificate.  No court-martial convictions were permitted for the Good Conduct Medal.

4.  Because of the less stringent qualifications for receipt of an Honorable Discharge Certificate, the argument that receipt of an Honorable Discharge Certificate automatically entitles the recipient to a Good Conduct Medal is invalid.

5.  The Board must base its decisions on the evidence contained in the applicant's military records; unfortunately his complete records are not available, and he has not provided sufficient evidence to support his contention.  While the sincerity of the applicant’s statements or his efforts to obtain the Good Conduct Medal are not in quiestion, there is insufficient evidence to support granting the award.  The applicant and all others concerned should 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.

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 to amend the decisions of the ABCMR set forth in Docket Number AR20080009439, dated 9 September 2008, and Docket Number AR20090000556, dated 19 March 2009.



      ___________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)                                         AR20090020202





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ABCMR Record of Proceedings (cont)                                         AR20090020202



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