IN THE CASE OF:	 

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100027177 


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 through his Member of Congress.

2.  The applicant states he served honorably in the Regular Army (RA) for 3 years in both Korea and Japan.  He further states he had no lost time during his service.  He concludes by stating there were five other medals that were not issued at the time of his discharge.

3.  The applicant provides:

* letter to his Member of Congress
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* General Order Number 128, Headquarters, 382d General Hospital, dated 27 October 1951
* Special Orders Number 21, Headquarters, Camp Gordon, GA, dated 27 January 1954
* DD Form 256A (Honorable Discharge Certificate)

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 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's DD Form 214 shows he enlisted in the RA for a 3-year term and entered active duty on 2 February 1951.

4.  His DD Form 214 shows he completed 3 years of creditable military service including 1 year, 10 months, and 14 days of foreign service.  He was honorably discharged on 1 February 1954 in the temporary rank/grade of sergeant/E-5 at the expiration of his term of service.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Korean Service Medal with two bronze campaign [service] stars, Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, Purple Heart, United Nations Service Medal, and National Defense Service Medal.  Item 27 does not show award of the Army Good Conduct Medal.

6.  His reconstructed record does not contain official orders awarding him the Army Good Conduct Medal.

7.  His reconstructed record does not indicate his conduct and efficiency ratings during his period of military service.

8.  The applicant provides:

* General Order Number 128, Headquarters, 382d General Hospital, dated 27 October 1951, which awarded him the Purple Heart
* Special Orders Number 21, Headquarters, Camp Gordon, GA, dated 27 January 1954, which released him from active duty
9.  Army Regulation 600-65 (Service Medals), 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; for the 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946 will not be disqualifying.  There must have been no convictions by 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.  The applicant's request for award of the Army Good Conduct Medal was carefully considered.

2.  The applicant's honorable service to our Nation is not in question.  However, his reconstructed record is void of any documentation that shows he was recommended for or awarded the Army Good Conduct Medal.  Additionally, it is impossible to determine the character of his conduct and efficiency ratings for the entire period of qualifying service.

3.  In view of the foregoing, there is insufficient evidence to grant relief in this case.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed that there was sufficient evidence to show the applicant was eligible for award of the Army Good Conduct Medal.  Although his records are not available, he separated in the rank of sergeant/E-5 with an honorable discharge after completing 3 years of active service with no lost time.  He also served honorably in combat, earning the Combat Infantryman Badge and the Purple Heart.

2.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for the period 2 February 1951 through 1 February 1954, by adding the Army Good Conduct Medal to his DD Form 214, and by issuing to him all authorized awards and decorations.




      ____________XXX_____________
                 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)                                         AR20090019498



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027177



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1