IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110000035 


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 correction of his WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Army Good Conduct Medal and his unit's awards.

2.  The applicant states he received the Army Good Conduct Medal; however, his discharge document does not show this award.

   a.  He also states he:

* served in military occupational specialties (MOS) 012 (Motor Pool Sergeant) and MOS 013 (Roundhouse Foreman)
* was designated head machine gunner
* was sent to Rocky Mountain Arsenal for training in railroad locomotive maintenance and operations at the Denver and Rio Grande Railroad shops
* was assigned to Alaska on 12 February 1947 and his unit received two unit citations

   b.  He concludes by asking that if his rank at the time of discharge was sergeant (SGT)/E-5, would his veteran's benefit/compensation for his hearing disability be increased?

3.  The applicant provides a copy of his WD AGO Form 53.


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 service 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 WD Form 53 shows he enlisted in the Regular Army on
25 June 1946 for a period of 3 years.  He was honorably discharged on 13 April 1949 for the convenience of the government prior to the expiration of his term of service.  He completed 7 months and 26 days of continental service, and
2 years, 1 month, and 23 days of foreign service, which equals 2 years,
9 months, and 19 days of total service for pay purposes.  It also shows in:

	a.  item 3 (Grade) the entry "Cpl 14 Mar 49" [Corporal, 14 March 1949];

	b.  item 6 (Organization) he was assigned to the Army-Rail Transportation Company;

	c.  item 30 (Military Occupational Specialty and Number) the entry "Boilermaker 030";

	d.  item 31 (Military Qualification and Date) the entry "None";

	e.  item 32 (Battles and Campaigns) the entry "None";

	f.  item 33 (Decorations and Citations) the World War II Victory Medal;


	g.  item 36 (Service Outside Continental U.S. and Return) he departed the continental United States on 12 February 1947, he arrived in Alaska on
17 February 1947, he departed Alaska on 4 April 1949, and he arrived in the United States on 4 April 1949;

	h.  item 38 (Highest Grade Held) the entry "T/5" [Technician 5th Grade]; and

	i.  item 55 (Remarks) the entry "no time lost."

4.  The applicant's Honorable Discharge Certificate shows he was honorably discharged on 13 April 1949 in the rank of corporal.

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in World War II.  A review of this document failed to show that the Army-Rail Transportation Company was awarded any unit awards during the applicant's period of service.

6.  Two letters to the applicant from the National Personnel Records Center (NPRC), Military Personnel Records, St. Louis, MO, dated 15 April and 6 June 2005, show that an archives technician verified the applicant's entitlement to the Army Good Conduct Medal, World War II Victory Medal, and the Honorable Service Lapel Button (World War II).

7.  Review of the applicant's available service records do not contain any orders for award of the Army Good Conduct Medal.  The review also failed to reveal a correction of his discharge document (e.g., DD Form 215) was issued adding the Army Good Conduct Medal to his WD AGO Form 53.

8.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, states 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."

9.  War Department Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures in discharging or releasing personnel from active duty.  The 


instructions for completing the WD AGO Form 53 states that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53 should be corrected to show award of the Army Good Conduct Medal and his unit's award citations.

2.  Available records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.

   a.  There is no evidence of adverse information in the applicant's available military service records.

   b.  Records show that a U.S. Government official verified the applicant's entitlement to the Army Good Conduct Medal.

   c.  Based on the available evidence, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his record to show this award.

3.  There is no evidence that the applicant's unit received any unit awards or citations during the period of service under review.  Therefore, he is not entitled to correction of his discharge document to show any unit awards.

4.  Records confirm the highest grade held by the applicant was Technician 5th Grade which was equivalent to the Corporal rank at the time.

5.  The applicant is advised that the determination of veteran's benefits is not within the purview of the ABCMR.  Any questions regarding eligibility for health care, benefits, and compensation should be addressed to the Department of Veterans Affairs.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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
25 June 1946 through 13 April 1949; and

	b.  adding to item 33 of his WD AGO Form 53 the Army Good Conduct Medal (1st Award).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding any unit awards to his WD AGO Form 53.



      ___________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)                                         AR20110000035



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ABCMR Record of Proceedings (cont)                                         AR20110000035



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