IN THE CASE OF:
BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110006399
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 and any awards and decorations to which he may be entitled.
2. The applicant states:
* He served in Germany from 1951 to 1953
* He is entitled to the Army Good Conduct Medal plus numerous medals or commendations
* Through no fault of his own these medals and/or commendations were omitted from his DD Form 214 (Report of Separation from the Armed Forces of the United States)
3. The applicant provides:
* Honorable Discharge Certificate
* DD Form 214
* Letter, dated 1 October 2011
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 DD Form 214 shows he was inducted into the Army of the United States on 14 February 1951 in the rank/grade of private (PV1)/E-1. He was promoted to the temporary rank/grade of corporal (CPL)/E-4 on 29 February 1952. On
24 January 1953, he was honorably released from active duty in the temporary rank/grade of CPL/E-4 after completing 1 year, 11 months, and 11 days of creditable active service. He was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation. He was honorably discharged from the USAR on 25 January 1957.
4. His DD Form 214 shows he served 5 months and 9 days of foreign service. Item 27 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "NONE." His DD Form 214 does not show any lost time in item 38 (Remarks).
5. There are no orders for the Army Good Conduct Medal in the available records.
6. 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 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.
7. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. Although all of the applicant's military records are not available for review, his DD Form 214 shows he was inducted as a PV1/E-1 and he was honorably released from active duty in the temporary rank of CPL/E-4 after completing almost 2 years of active service with no time lost. Based on the foregoing, it appears he met the eligibility criteria for the first award of the Good Conduct Medal for the period 14 February 1951 through 24 January 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. His DD Form 214 should be corrected to show this award.
2. He served a period of qualifying service for award of the National Defense Service Medal. His DD Form 214 should be corrected to show this medal.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
a. awarding him the first award of the Army Good Conduct Medal for the period 14 February 1951 through 24 January 1953; and
b. adding the Army Good Conduct Medal and National Defense Service Medal to item 27 of his DD Form 214.
_______ _ _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) AR20110006399
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ABCMR Record of Proceedings (cont) AR20110006399
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