IN THE CASE OF:	  

		BOARD DATE:	 31 March 2011 

		DOCKET NUMBER:  AR20100022862 


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, in effect, correction of his record to show award of the Army Good Conduct Medal.  He also requests the issuance of medal sets for the Korean Service Medal with 2 bronze service stars and the United Nations Service Medal.

2.  He states he was not issued the Korean Service Medal with two bronze service stars or the United Nations Service Medal when he was discharged and he deserves these medals in addition to the Army Good Conduct Medal.

3.  He provides:

* His DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 12 August 1952
* His DD Form 214 (Armed Forces of the United States Transfer or Discharge) for the period ending 22 July 1958

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of the applicant's DD Forms 214 and an official copy of the letter the NPRC provided him.

3.  His first DD Form 214 shows he enlisted in the Regular Army (RA) on 16 October 1950.  His most significant duty assignment during this period of active duty service was to the 55th Quartermaster Battalion.  He was honorably released from active duty on 10 October 1952 after completing a total of 1 year, 11 months, and 24 days of active military service.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 10 October 1952 does not show award of the Army Good Conduct Medal. 
However, it does show he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal.

5.  He again enlisted in the RA on 9 May 1955 and served until he was honorably discharged on 22 July 1958.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 22 July 1958, contains the entry "None."

6.  Army Regulation 600-65 (Service Medals), in effect at the time, provided policy and criteria concerning individual military decorations.  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 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  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's contentions that he should be awarded the Army Good Conduct Medal and that he should be issued medal sets for the Korean Service Medal with 2 bronze service stars and the United Nations Service Medal were carefully considered.

2.  Although he received an honorable discharge, his record is void of any evidence and he has failed to provide any evidence that shows he was either recommended for or awarded the Army Good Conduct Medal.  There is no right or entitlement to the medal unless the immediate commander has approved the award and the award has been announced in permanent orders.  Because his records are not available, there is no evidence that the applicant received all "excellent" conduct and efficiency ratings throughout his military service.  Therefore, there is insufficient evidence to show the he met the eligibility criteria for award of the Army Good Conduct Medal or correction of his DD Form 214 to show this award.

3.  Evidence shows he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal.  He attests he was never issued the medals for these awards.  In the interest of fairness, it would be appropriate to provide him the medal sets for these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.   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 s a basis for correction of the records of the individual concerned.

2.  The Board requests that the Army Review Boards Agency, Case Management Division – Promulgation provide administrative relief by submitting a request for issuance of the Korean Service Medal set with two bronze service stars and the United Nations Service Medal to the applicant.



      ____________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)                                         AR20100022862



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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