IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100020468
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 joined the Army voluntarily and entered active service on 12 July 1944
* He was wounded in action in Germany on 17 April 1945 and was hospitalized until 6 August 1945
* Research shows 1 year of service is required to be eligible for the first award of the Good Conduct Medal
* He had 1 year and 25 days of service
* He is currently on his "last legs" and his one regret was he did not receive the Good Conduct Medal
3. The applicant provides his WD AGO Form 53-55 in support of his application.
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 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 was inducted into the Army of the United States on 12 July 1944. He served as a rifleman in the European Theater of Operations from 8 January to 11 June 1945. He was honorably discharged with a certificate of disability on 6 August 1945 in the rank of private first class after completing 1 year and 25 days of creditable active service.
4. Item 31 (Military Qualification and Date (i.e., infantry, aviation and marksmanship badges, etc.)) of his WD AGO Form 53-55 shows the Combat Infantryman Badge. Item 32 (Battles and Campaigns) on his WD AGO
Form 53-55 shows he participated in three battles. Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows the Purple Heart (he was wounded on 17 April 1945 in Germany), Bronze Star Medal, and European-African-Middle Eastern Campaign Medal with three bronze service stars. Item 55 (Remarks) shows the Army Lapel Button and World War II Victory Medal were issued. His WD AGO Form 53-55 does not show any lost time in item 55.
5. There are no orders for the Good Conduct Medal in the available records.
6. Army Regulation 600-68 (Good Conduct Medal), 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 and, after 7 December 1941, completed 1 year or continuous active Federal military service while the United States was at war. The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below excellent. The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the [Report of Separation and] discharge certificate.
DISCUSSION AND CONCLUSIONS:
Although all of the applicant's military records are not available for review, his WD AGO Form 53-55 shows he was honorably discharged with a certificate of disability in the rank of private first class after completing 1 year and 25 days of active service with no time lost. His WD AGO Form 53-55 also shows he received the Combat Infantryman Badge, he participated in three battles and campaigns during World War II, he was wounded in action in Germany, and he received the Purple Heart and Bronze Star Medal. Based on the foregoing, it appears he met the eligibility criteria for the first award of the Good Conduct Medal for the period 12 July 1944 through 6 August 1945 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. His WD AGO Form 53-55 should be corrected 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 first award of the Good Conduct Medal for the period
12 July 1944 through 6 August 1945; and
b. adding the Good Conduct Medal to item 33 of his WD AGO Form 53-55.
_______ _ 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) AR20100020468
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ABCMR Record of Proceedings (cont) AR20100020468
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