IN THE CASE OF:
BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100008230
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, the National Defense Service Medal, and any other awards he may have earned.
2. The applicant states the requested medals are not annotated on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
3. The applicant provides a copy of his DD Form 214 and a copy of his Service Record.
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 applicants 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 applicants 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 records show he enlisted in the Pennsylvania Army National Guard (PAARNG) on 22 June 1948 and held military occupational specialty 4405 (Clerk Typist).
3. On 5 September 1950, he was ordered into active military service and he was assigned to Service Company, 110th Infantry, Camp Atterbury, IN. He also served in Germany from on or about 20 November 1951 to on or about 19 April 1952.
4. He completed 1 year, 7 months, and 26 days of creditable active service during this period, of which 4 months and 28 days was foreign service. He was honorably discharged in the rank/grade of corporal (CPL)/E-4 on 30 April 1952.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army of Occupation Medal (Germany).
6. Item 38 (Remarks) of his DD Form 214 and Section 15 (Time Lost Under Articles of War 107) of his DA Form 24A (Service Record) show he had no lost time.
7. Section 24 (Endorsements) of his DA Form 24A shows he received an "Excellent" character and efficiency rating and he was favorably considered for award of the Good Conduct Medal.
8. His records do not contain official orders awarding him the Good Conduct Medal. Additionally, his service records do reveal any nonjudicial punishment (NJP) or other derogatory information that would have disqualified him from receiving his first award of the Good Conduct Medal.
9. Army Regulation 600-8-22 provides for the following awards:
a. The Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.
b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms he served honorably from 5 September 1950 through 30 April 1952. He attained the rank of CPL/E-4, completed a period of foreign service, and received an "excellent" conduct and efficiency rating. Furthermore, his record is void of any lost time and/or NJP. It appears it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.
2. The evidence of record shows he served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore, he is entitled to correction of his records 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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 September 1950 through 30 April 1952; and
b. adding the Good Conduct Medal (1st Award) and the National Defense Service Medal to his DD Form 214.
_______ _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) AR20100008230
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