IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110019824
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 (AGCM).
2. The applicant states he has been told by members of the Veterans of Foreign Awards that he is eligible for the AGCM.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States), DD Form 215 (Correction to DD Form 214), and Bronze Star Medal orders in support of the application.
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 complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using reconstructed records which primarily consists of the applicant's DD Form 214.
3. The applicant's DD Form 214 shows he was inducted into the Army on
7 November 1950. The DD Form 214 as amended by a DD Form 214 issued on 3 November 2000 shows the applicant earned the following awards:
* Bronze Star Medal
* Purple Heart
* United Nations Service Medal
* Korean Service Medal with 3 bronze service stars
* Combat Infantryman Badge
4. The applicant's DD Form 214 further shows he completed 1 year and
9 months of active military service and was honorably released from active duty on 6 August 1952, in the rank of corporal. The DD Form 214 confirms no time lost during the period of the service and contains no derogatory information.
5. The applicants NPRC file contains Headquarters, 24th Infantry Division General Orders Number 112, dated 4 April 1952 which awarded the applicant the BSM for meritorious service in Korea from 10 April 1951 to 9 February 1952. The NPRC file is void of derogatory information or unit commander disqualification that would have precluded award of the AGCM.
6. Army Regulation 672-5-1 (Awards), 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. The enlisted person must have had all "excellent" conduct and efficiency ratings and there must have been no convictions by a court-martial.
7. Army Regulation 600-8-22 (Military Awards) contains the Armys current awards policy. Paragraph 9-16 contains guidance on the Republic of Korea War Service Medal (ROKWSM). It states it is authorized for 30 consecutive or 60 nonconsecutive days of service in Korea between 25 June 1950 and 27 July 1953.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to be awarded the AGCM has been carefully considered and found to have merit. His service record, which would confirm his eligibility for the AGCM, is not available. However, the available evidence confirms his active duty service from 7 November 1950 to 6 August 1952 was characterized as honorable. Further, his record of combat service was marked by awards of the BSM and PH. As a result, given the absence of derogatory information in the available NPRC file or on the DD Form 214 and given his valorous combat service record, it would be appropriate and serve the interest of equity to err in favor of the applicant and to award him the AGCM based on his overall record of honorable service and to add this award to his DD Form 214.
2. The available evidence also shows that based on his qualifying service in Korea, he is also eligible for the ROKWSM. Therefore, it would also be appropriate to add this award to his DD Form 214.
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 first award of the Army Good Conduct Medal for his active duty service from 7 November 1950 through 6 August 1952; and by adding the Army Good Conduct Medal and Republic of Korea War Service Medal to 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) AR20110019824
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110019824
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140010125
His DD Form 214 issued at the time of his REFRAD shows he was awarded the Korean Service Medal with two bronze service stars and the United Nations Service Medal. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...
ARMY | BCMR | CY2009 | 20090005117
The applicant's military record is not available to the Board for review. Further, given his completion of a qualifying period of honorable active duty service, as evidenced by his DD Form 214, during which he attained the rank of sergeant, and the absence of any derogatory information on his DD Form 214 or a unit commander disqualification in the remaining NPRC files, it would also be appropriate, in the interest of equity, to award him the AGCM for his qualifying honorable active duty...
ARMY | BCMR | CY2009 | 20090003580
The applicant, the son of a deceased former service member (FSM), requests that his father's records be corrected to show entitlement to the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Republic of Korea Presidential Unit Citation (ROKPUC), and Republic of Korea War Service Medal (ROKWSM); and that he be provided a correction to the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) that includes these awards. Further, his NPRC file...
ARMY | BCMR | CY2008 | 20080019758
The applicant's military record is not available to the Board for review. The evidence also shows that based on qualifying active duty service and his service in Korea, the applicant is eligible for the NDSM, UNSM, and KWSM which should be added to his DD Form 214 at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for being wounded in action in Korea on 30 October 1951; b,...
ARMY | BCMR | CY2011 | 20110023886
There is no record of time lost during his last enlistment indicated on the DD Form 214. Army Regulation 600-8-22 states 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. As a result, given the absence of derogatory information in the available NPRC file or on the DD Form 214 and given...
ARMY | BCMR | CY2014 | 20140013706
The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his awards of the Bronze Star Medal (BSM) and Silver Star and that his discharge certificate be corrected to show he was inducted in March instead of May and his last name corrected on his Certificate of Service. He had served 1 year, 9 months and 4 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Korean...
ARMY | BCMR | CY2008 | 20080012692
The applicant provides a PH Certificate, dated 3 June 1986, which shows he was awarded the PH for being wounded in action in Korea on 30 July 1952. Lacking any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the AGCM, it is concluded the applicant completed a period of qualifying honorable service that entitles him to receive the first award of the AGCM. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2010 | 20100020641
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to reflect: * he was discharged in the rank of sergeant first class (SFC) (promoted on 23 July 1953) * he was awarded the Bronze Star Medal (BSM) * he was awarded the Army Good Conduct Medal (AGCM) * he was awarded the National Defense Service Medal (NDSM) * he was awarded the Korean Service Medal (KSM) with two bronze service stars * he was awarded the Combat Infantryman...
ARMY | BCMR | CY2009 | 20090012185
The applicant's military record is not available to the Board for review. The applicant provides a PH certificate that shows he was awarded the PH on 31 May 1953 as a result of being wounded in action in Korea on 13 July 1953. 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 for his qualifying period of honorable active duty service from 30 September 1952 through 17 July...
ARMY | BCMR | CY2010 | 20100027487
As a result, it would be appropriate to award him the AGCM for this qualifying period of active duty service and to add this award to his DD Form 214. The evidence also shows that based on his active duty service and his service in Korea, he is also eligible for the NDSM and ROKWSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the AGCM for his qualifying period of honorable active duty service from 1...