IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110014814
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.
2. The applicant states he served for 4 years and he never had any bad records.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 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 his 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 reconstructed records contain a DD Form 214 that shows he enlisted in the Regular Army for 3 years on 3 March 1949. This form further shows he held military occupational specialty 1271 (Cargo Checker).
4. His DD Form 214 further shows he was involuntarily extended in the Army. He served in Korea from 31 July 1950 to 2 September 1950. He was assigned to the 60th Infantry Regiment, 2nd Infantry Division. He was wounded in action in August 1950.
5. He was honorably discharged from active duty on 23 September 1952. He completed 3 years, 6 months, and 21 days of creditable active service, of which 2 years, 2 months, and 2 days was foreign service. He had no lost time.
6. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the Korean Service Medal, Army of Occupation Medal (Japan), United Nations Service Medal, and Combat Infantryman Badge.
7. On 13 April 2005, he was issued a DD Form 215 (Correction to DD Form 214) that added awards of the Purple Heart, National Defense Service Medal, and a bronze service star to his Korean Service Medal.
8. His DA Form 24 (Service Record) or DA Form 20 (Enlisted Qualification Record) which would have shown his conduct and efficiency ratings are not available for review with this case.
9. His reconstructed records do not contain official orders awarding him the Army Good Conduct Medal.
10. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant served honorably from 3 March 1949 through 23 September 1952. His DA Forms 20 and/or 24 are not available for review with this case. However, he served in Korea, he was extended in service, and he was honorably discharged after completing 3 years, 6 months, and 21 days of honorable service with no lost time. Additionally, he was wounded in action and he was awarded the Purple Heart and the Combat Infantryman Badge.
2. Nothing in his reconstructed records is negative. As such, lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.
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:
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 March 1949 through 2 March 1952
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award)
_______ _ __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) AR20110014814
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