IN THE CASE OF:
BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110011637
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 consideration for the Korean Service Medal.
2. The applicant states he was discharged in September 1949 in order to take a Department of the Army civilian job in Japan and his commanding officer promised him he would put him in for the Army Good Conduct Medal. He also states he made several temporary duty (TDY) trips to Korea in the early 1950's.
3. The applicant provides his WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) and five sets of orders.
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 applicant's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant.
3. The applicant's WD AGO Form 53 shows in:
a. item 3 (Grade) he was discharged in the rank/grade of sergeant (SGT)/
E-5;
b. item 7 (Date of Separation) he was honorably discharged on
17 September 1949;
c. item 23 (Date of Enlistment) he enlisted in the Regular Army (RA) on
3 October 1946;
d. item 33 (Decorations and Citations) he was awarded the World War II Victory Medal and the Army of Occupation Medal with Japan Clasp;
e. item 36 (Service Outside Continental United States and Return) he arrived in Japan on 24 January 1947;
f. item 55 (Remarks) he was recommended for further military training and he had no time lost.
4. He provided five sets of orders dated between 1 June 1951 and 17 February 1958 that pertain to his service while in the U.S. Army Reserve (USAR). These orders were issued by headquarters in Japan and do not reference any service in Korea.
5. Army Regulation 600-65, in effect at the time, stated the AGCM 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) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the AGCM and the KSM has been carefully considered.
2. The applicant's WD AGO Form 53 shows he was honorably discharged having served in the RA from 3 October 1946 through 17 September 1949 for a period of 2 years, 11 months, and 15 days. However, the regulation in effect at the time stipulated that to qualify for the AGCM of less than 3 years and more than 1 year, a Soldier must for the first award only, served 1 year 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. As such, he did not serve during a qualifying period for award of the AGCM. Therefore, there is no basis for granting this portion of his request.
3. There is no evidence of record and the applicant did not provide any evidence that shows he served in Korea at any time during his USAR service. As such, entitlement to the Korean Service Medal cannot be established at this time. Therefore, there is an insufficient evidentiary basis for granting this portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20110011637
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ABCMR Record of Proceedings (cont) AR20110011637
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