IN THE CASE OF:
BOARD DATE: 26 May 2011
DOCKET NUMBER: AR20100028102
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. He states he:
* doesnt know why it was not included on his discharge document
* spent over 4 years overseas and arrived in the European Theater of Operations 5 months prior to Pearl Harbor
* served 5 years in the Army and never had a problem
* was promoted to staff sergeant
3. He provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable 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 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 applicants 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. His WD AGO Form 53-55 shows he enlisted in the Regular Army on 21 June 1940 and he arrived in the European Theater of Operations on 6 August 1941 and departed on 21 September 1945.
4. He was honorably discharged on 9 October 1945 in the rank of staff sergeant. He completed 1 year, 1 month, and 11 days of continental service and 4 years, 2 months, and 8 days of foreign service. His WD AGO Form 53-55 does not show entitlement to award of the Army Good Conduct Medal.
5. His conduct and efficiency ratings are not available and there is no available evidence which shows any derogatory information or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.
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 of 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:
1. The applicants contentions in regard to his entitlement to award of the Army Good Conduct Medal are acknowledged.
2. However, the available evidence does not include his character and efficiency ratings or whether he received any disciplinary action (i.e., court-martial) during his tenure on active duty.
3. In the absence of sufficient evidence, there is no basis for granting him the first award of the Army Good Conduct Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 as a basis for correction of the records of the individual concerned.
____________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) AR20100028102
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ABCMR Record of Proceedings (cont) AR20100028102
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