IN THE CASE OF:	  

		BOARD DATE:	    22 June 2010

		DOCKET NUMBER:  AR20090020479 


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 and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show this award.

2.  The applicant states the governing Army regulation allowed for award of the Army Good Conduct Medal to Soldiers who spent more than 1 year, but less than 2 years in the U.S. Army.  He adds that the omission of the award from his DD Form 214 appears to have been an administrative oversight.

3.  The applicant provides a copy of his DD Form 214 and two letters from the Veterans Service Officer, Chautauqua County Veterans Service Agency, Jamestown, NY.

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 service 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 to constitute 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 was inducted into the Army of the United States on 8 January 1951 and he was honorably discharged on 26 November 1952 based on disability.  At the time he had completed 1 year, 10 months, and 19 days of net active service.

	a.  Item 3 (Grade, Rate, Rank and Date of Appointment) shows he was promoted to corporal on 26 March 1952.

	b.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows "NA."

	c.  Item 28 (Most Significant Duty Assignment) shows Headquarters Detachment, Army Security Agency School, Fort Devens, Massachusetts.

	d.	  Item 38 (Remarks) shows he had no time lost.

4.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  Since the applicant's records were lost or destroyed after he was discharged, his conduct and efficiency ratings are unknown for the period under consideration and are not disqualifying.  There is also no evidence the applicant was convicted by court-martial and no record of adverse information or that his commander denied him award of the Army Good Conduct Medal.

5.  A review of the applicant's available military service record reveals that he may be authorized an additional award that is not shown on his DD Form 214.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

7.  Army Regulation 600-65 (Awards), in effect at the time, stated 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946 will not be disqualifying.  There must have been no convictions by court-martial.  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 Army Good Conduct Medal based on the period of his honorable active duty service.

2.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.

* He was promoted to corporal within 15 months of entering active duty
* He had no time lost
* There is no evidence of any disqualifying information
* He was assigned to the Army Security Agency School and was honorably discharged with more than 1 year and 10 months of active service

3.  Based on the available evidence, it would be appropriate to approve award of the Army Good Conduct Medal to the applicant and correct his records.

4.  Records show the applicant served a qualifying period of active duty enlisted service for award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his records to show this service medal.


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 the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 8 January 1951 to 26 November 1952 and

	b.  correcting item 27 of his DD Form 214 to add the Army Good Conduct Medal and National Defense 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)                                         AR20090020479



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ABCMR Record of Proceedings (cont)                                         AR20090020479



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