IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110006675 


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, National Defense Service Medal, and United Nations Service Medal.

2.  The applicant states he served honorably in an active duty status from
27 November 1950 to 6 November 1953.  During this period of service he was assigned to Headquarters Company, 1st Battalion, 112th Infantry Regiment in Germany and Headquarters Company, 17th Field Artillery, 8th U.S. Army in Korea.  He states that he was not aware he was eligible for the above awards at the time of separation.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

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, his DD Form 214 offers sufficient evidence to constitute 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 enlisted in the Regular Army on
27 November 1950 for a period of 3 years and he was promoted to the rank of corporal on 22 December 1951.  The applicant was honorably discharged on
6 November 1953 prior to expiration of term of service for the convenience of the government.  He completed 2 years, 11 months, and 10 days of total active service that included 1 year, 8 months, and 13 days of foreign service.  It shows in:

	a.  item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):  Army of Occupation Medal with Germany Clasp and Korean Service Medal with 1 bronze service star;

   b.  item 28 (Most Significant Duty Assignment):  Headquarters Company,
1st Battalion, 112th Infantry Regiment; and

   c.  item 38 (Remarks):  no time lost.

4.  The applicant's available military service records do not contain any evidence of disciplinary action, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

5.  Army Regulation 600-65 (Good Conduct Medal), in effect at the time, stated the 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.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  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.

	b.  The Korean Service Medal is awarded for qualifying service in the Korea theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is authorized with this service medal for each Korean campaign a member is credited with participating in.

	c.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	d.  The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

7.  Service Regulations Number 615-360-1 (Enlisted Personnel - Separation of Enlisted Personnel), in effect at the time, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.
It shows for item 27 enter decorations or citations received during period covered by the DD Form 214, and authority for each.  Authorities for service medals need not be entered.





DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of active duty enlisted service for the Army Good Conduct Medal (1st Award) from 27 November 1950 through
6 November 1953:

	a.  The applicant attained the rank of corporal with just over 1 year of service, he served in the Korean War, had no time lost during the period under review, and he was honorably discharged with more than 2 years and 11 months of active military service.

	b.  Despite the absence of the unit commander's recommendation for the Army Good Conduct Medal (1st Award), based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal
(1st Award).

2.  Records show the applicant qualified for the:

* National Defense Service Medal based on his active duty service during the Korean War
* United Nations Service Medal based on his award of the Korean Service Medal
* Republic of Korea War Service Medal for his service in the Korean War

3.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations as recommended below.

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 Army Good Conduct Medal (1st Award) for the period
27 November 1950 through 6 November 1953.

	b.  adding to item 27 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea War Service Medal




      _______ _   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)                                         AR20110006675



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ABCMR Record of Proceedings (cont)                                         AR20110006675



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