IN THE CASE OF:	  

		BOARD DATE:  22 March 2012

		DOCKET NUMBER:  AR20110019135 


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 to be awarded the Army Good Conduct Medal (AGCM).

2.  The applicant states he was favorably considered for the award several times but was never awarded it.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and DD Form 230 (Service Record).

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 complete 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.  However, there are sufficient documents in a reconstructed record to allow for a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 15 December 1950.

4.  His DD Form 230 shows in:

	a.  Section 2 (Appointments, Promotions, or Reductions) that he was promoted to sergeant (SGT) on 30 May 1952;

	b.  Section 4 (Service Outside Continental United States) that he arrived in Korea on 23 August 1951 and departed Korea on or around 30 October 1952;

	c.  Section 9 (Medals, Decorations, and Citations) that he earned the Combat Infantryman Badge (CIB), Army of Occupation Medal (Japan), Korean Service Medal with two bronze service stars, and United Nations Service Medal;

	d.  Section 18 (Report of Separation) that he was favorably considered for the AGCM.

5.  His DD Form 214 shows he was honorably released from active duty on 28 November 1952 in the rank of SGT after completing 1 year, 11 months, and 14 days of active duty service with no lost time.  His DD Form 214 also shows the following awards:

* Army of Occupation Medal (Japan)
* Korean Service Medal with two bronze service stars
* United Nations Service Medal

6.  Army Regulation 600-65 (Service Medals), 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 the 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal (NDSM) 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 Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and its adjacent waters between 25 June 1950 and 27 July 1953.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the AGCM has been carefully considered.

2.  The available records show he was separated in the rank of SGT after completing 1 year, 11 months, and 14 days of active duty service with no lost time and section 18 of his DD Form 230 confirms he was favorably considered for the AGCM.  Therefore, it appears he met the criteria for the AGCM (1st Award) and it would be appropriate to award it at this time and add it to his DD Form 214.

3.  He served a period of qualifying service for awards of the NDSM and the ROKWSM.  Therefore, these awards should also be added to his DD Form 214.

4.  His DD Form 230 also shows he was awarded the CIB; however, this badge is not shown on his DD Form 214.  Therefore, his DD Form 214 should further be corrected by adding this badge.


BOARD VOTE:

___X____  ___X ___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 AGCM (1st Award) for his period of honorable active duty service from 15 December 1950 to 28 November 1952 and

	b.  adding the following awards to his DD Form 214:

* AGCM (1st Award)
* NDSM
* ROKWSM
* CIB



      _______ _   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)                                         AR20110019135



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ABCMR Record of Proceedings (cont)                                         AR20110019135



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