BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000297 


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.

2.  The applicant states he was not awarded a Good Conduct Medal but believes he deserves one.

3.  The applicant provides copies of a DA Form 638 (Recommendation for Award), a DA Form 493 (Separation Qualification Record), and a 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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  5022d Army Support Unit Transfer Center Special Orders Number 29, dated 26 August 1953, lists the applicant as a sergeant, E-5.

4.  The applicant's DD Form 214 provides the following:

	a.  entry onto active duty on 28 August 1950;

	b.  promotion to sergeant effective 22 May 1952;

	c.  net service of 3 years of which 2 years and 2 days were foreign or sea service;

	d.  award of the Army of Occupation Medal (Japan), Korean Service Medal with two bronze service stars, Combat Infantryman Badge, and the United Nations Service Medal;

	e.  his most significant assignment was with the "187th Air";  

	f.  he had no record of lost time; and

	g.  was honorably discharged effective 27 August 1953.

5.  His DA Form 493, dated 27 August 1953, shows he served as a message center chief for 15 months, supervising 7 enlisted personnel.  He was qualified to operate automobiles and two and one half ton trucks.  He had no military obligations after separation. 

6.  A recently-prepared DA Form 638 by a friend and former subordinate to the applicant shows they were assigned to the 187th Airborne Regimental Combat Team. 

7.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows the 187th Airborne Regimental Combat Team was authorized the Republic of Korea Presidential Unit Citation. 

8.  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.  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.

9.  Army Regulation 600-8-22 (Military Awards) as amended, provides that the National Defense Service Medal is awarded for honorable active service during  the period between 27 July 1950 through 27 July 1954.

10.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was not awarded a Good Conduct Medal but believes he deserves one.

2.  With the loss of the applicant's service records in the 1973 fire, there is no record of his conduct and efficiency ratings to determine if he qualified for award of the Good Conduct Medal.

3.  However, it is reasonable to accept that his conduct and efficiency ratings would have reflected service warranting award of the Good Conduct Medal based on:

* his promotion to sergeant (E-5) in less than 20 months
* his combat service, as documented by his award of the Combat Infantryman Badge and award of two bronze service stars for wear on his Korean Service Medal
* no record of lost time
* honorable discharge with exactly 3 years of service

4.  Therefore, it is appropriate to award the applicant the Good Conduct Medal for his period of service from 28 August 1950 through 27 August 1953.

5.  The available evidence shows that, in addition to the awards listed on his DD Form 214, the applicant is also authorized award of the National Defense Service Medal, Republic of Korea Presidential Unit Citation, and the Republic of Korea War Service Medal.

6.  It is appropriate to correct the applicant's records to include these additional awards.

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 Good Conduct Medal for the period 28 August 1950 through 27 August 1953; and 

	b.  showing that, in addition to the awards listed on his DD Form 214, the applicant is also authorized award of the Good Conduct Medal, National Defense Service Medal, Republic of Korea Presidential Unit Citation, 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)                                         AR20100000297





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)