BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100025618
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.
2. The applicant states he was recommended for the Army Good Conduct Medal.
3. The applicant provides a DA Form 137 (Installation Clearance Certificate) and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record 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 21 October 1954, he served in military occupational specialty 213.10 (heavy field artillery crewman) in Germany, and he was advanced to specialist 3 (SP3)/pay grade E-4, effective 20 February 1956.
4. On 24 September 1956, the applicant's battery commander completed his portion of the applicant's DA Form 137. This form shows the commander's handwritten entry of "excellent" for both conduct and efficiency. This form also contains the handwritten entry "Recommend Good Conduct Medal." It appears the commander affixed his initials on each of the handwritten entries.
5. On 8 October 1956, the applicant was honorably released from active duty by reason of early separation of overseas returnee. He completed 1 year,
11 months, and 18 days of total active service with no time lost.
6. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 only shows the Army of Occupation Medal with Germany Clasp.
7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a 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. While the applicant's records are not available to confirm his eligibility for the Army Good Conduct Medal, the following facts establish a preponderance of evidence that he was, in fact, eligible for the Army Good Conduct Medal and that it appears it was not issued due to an administrative oversight:
* he was advanced to SP3/E-4 in 1 year and 4 months
* his commander rated his conduct and efficiency as "excellent" on his
DA Form 137
* his commander recommended him for the Army Good Conduct Medal on the same DA Form 137
2. In view of the foregoing, it would be appropriate at this time to grant the applicant the benefit of doubt and award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 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 Army Good Conduct Medal (1st Award) for the period
21 October 1954 through 8 October 1956; and
b. adding to item 26 of his DD Form 214 the Army Good Conduct Medal
(1st Award).
___________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) AR20100025618
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ABCMR Record of Proceedings (cont) AR20100025618
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