IN THE CASE OF:	  

		BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20110000365


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states his colleagues in the Korean War Veterans Association informed him he should have been issued the above.

3.  The applicant provides:

* a 21 December 2010 letter
* a copy of DA Form 1577 (Authorization for Issuance of Awards) issued by the National Personnel Records Center (NPRC)

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 was inducted into the Army of the United States for 2 years on 4 January 1952.  It further shows he attended the Medical Field Service School, which was then located at Fort Sam Houston, TX, for training as a medical laboratory technician.

4.  The applicant served overseas in Germany (GE) at Landstuhl Army Medical Center, near Kaiserslautern, GE, in military occupational specialty (MOS) 1858, Medical Laboratory technician.  He was promoted to the temporary rank and grade of corporal (CPL/E-4) on 17 October 1953 while serving with the 5th General Hospital, Stuttgart, GE.

5.  On 4 December 1953, the applicant was honorably released from active duty at Camp Kilmer, NJ.  His DD Form 214 shows:  1 year, 11 months, and 1 day of active service; 1 year, 10 months, and 8 days of other service; 3 years, 9 months, and 9 days total service; and no lost time.

6.  There are no orders in the limited records pertaining to the applicant showing he was awarded the Army Good Conduct Medal or the Sharpshooter Marksmanship Qualification Badge.

7.  Army Regulation 600-65, 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 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 (emphasis in the original) 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 requests the Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  Both of the above items are issued by orders.  There are no orders in the applicant's limited records showing he was ever awarded the Army Good Conduct Medal or the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Neither are there conduct and efficiency ratings on file to show the applicant qualified for the Army Good Conduct Medal.

3.  A review of the applicant's DD Form 214 shows:

* honorable service
* temporary promotion to the rank of Corporal
* almost 2 years of active service with no lost time

This indicates the applicant was a good Soldier who, if his complete records were available, would likely have qualified for award of the Army Good Conduct Medal.  Therefore, in the interest of justice and equity, it would be appropriate to correct the applicant’s records by awarding him the Army Good Conduct Medal.

4.  Unfortunately, there is no information contained in the applicant's DD Form 214 that would permit one to extrapolate qualification for award of the Sharpshooter Badge.  In the absence of orders awarding a marksmanship badge, the applicant's Record Fire Scorecard for rifles would need to be viewed to determine his marksmanship level.

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 awarding him the Army Good Conduct Medal for the period 4 January 1952 through 4 December 1953 and adding it to his DD Form 214.

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 the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  




      _______ _  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)                                         AR20110000365





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ABCMR Record of Proceedings (cont)                                         AR20110000365



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