BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100029648
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, that his records be corrected to show awards of the Marksman Marksmanship Qualification Badge, Army Good Conduct Medal, and any awards to which he is entitled while serving security duty in Japan in the Far East Command.
2. The applicant states his records were lost in a fire.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a copy of his DD Form 230 (Service Record).
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. He was inducted into the Army of the United States in Detroit, Michigan, on 7 July 1952 and completed basic training with the 53rd Airborne Infantry Regiment at Camp Breckinridge, Kentucky, before being transferred to Japan in January 1953.
4. He was assigned to Company L, 8th Cavalry Regiment, and he qualified Marksman with the M-1 rifle on 29 July 1953. He was promoted to the temporary rank of corporal (CPL) on 22 September 1953.
5. He departed Japan on 22 May 1954 and was transferred to Fort Sheridan, Illinois where he was honorably released from active duty (REFRAD) on 9 June 1954 and transferred to the Army Reserve Michigan Military District to complete his 8-year service obligation under the Uniform Military Training and Service Act.
6. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal.
7. A review of his Service Record shows that at the time he departed Japan his commander favorably recommended him for award of the Army Good Conduct Medal. There is no indication the applicant was recommended for or entitled to any additional awards.
8. 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 would 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 contention that he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar has been noted and was found to have merit. He qualified Marksman with the M1 rifle on 29 July 1953 and thus is entitled to have that award entered on his DD Form 214.
2. The applicant was also favorably recommended for award of the Army Good Conduct Medal by his commander when he departed Japan. Accordingly, he should be awarded the Army Good Conduct Medal (1st Award) for the period 7 July 1952 to 9 June 1954 while serving in the rank of CPL.
3. There does not appear to be any additional awards to which the applicant is entitled. Accordingly, there is no basis to add any additional awards to his records at this time.
BOARD VOTE:
____x_ _____x___ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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:
* awarding him the Army Good Conduct Medal (1st Award) for the period 7 July 1952 to 9 June 1954 while serving in the rank of CPL
* adding the Army Good Conduct Medal (1st Award) and Marksman Marksmanship Qualification Badge with Rifle Bar to his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20100029648
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ABCMR Record of Proceedings (cont) AR20100029648
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