IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110022732
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 almost 2 years of honorable and exceptional service during the Korean period.
3. The applicant provides:
* Letter of Commendation, dated 9 June 1955
* Certificate of Nomination from the American Legion
* A memorandum, subject: Discharge as a Reserve Commissioned Officer of the Army, dated 12 June 1961
* DD Form 214 (Report of Separation from the Armed Forces of the United States), for the period ending 7 June 1955
* Wikipedia description of the Army Good Conduct Medal
* a self-authored letter to the:
* Office of The Adjutant General, Washington, D.C., dated
28 September 2011
* National Personnel Records Center, St. Louis, MO, dated 25 October 2011
* Army Review Boards Agency, dated 9 November 2011
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. His DA Form 170 (Application for Appointment in the Officer's Reserve Corps) shows he attended John Hopkins University and he completed the following Reserve Officers' Training Corps (ROTC) training as cadet:
* ROTC Infantry Basic Course from 27 September 1949 to 10 June 1951
* Cadet Infantry Summer Camp from 21 June to 1 August 1952
* ROTC Infantry Advance Course from 27 September 1951 to 8 June 1953
3. He accepted a U.S. Army Reserve (USAR) officer commission as a second lieutenant on 8 June 1953.
4. He entered active duty on 7 September 1953 and he was released from active duty on 7 June 1955. He held the temporary grade of first lieutenant (1LT) in the Army of the United States and a permanent grade of 1LT in the USAR.
5. Item 18 of his DD Form 214 shows his rank at the time of entry into active duty was 2LT.
6. The available records do not show any prior enlisted service.
7. The applicant provided a memorandum which attests to his commendable performance while serving as the property book officer for the Central Post Fund, Fort Eustis, VA. In addition, he provided three letters in which he requested award of the Korea Defense Service Medal, National Defense Service Medal, and the Army Good Conduct Medal.
8. Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted (emphasis added) 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Army Good Conduct Medal.
2. The Army Good Conduct Medal is awarded for enlisted active Federal military service. The evidence of record shows the applicant completed ROTC at John Hopkins University on 8 June 1953 and he accepted a commission as a 2LT on the same day. The time he spent in a cadet status is not considered active duty nor was he serving as an enlisted member; therefore, he is not eligible for the award of the Army Good Conduct Medal.
3. In view of the foregoing, there is no basis for granting the applicant's 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 that 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) AR20110022732
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110022732
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070010297
The earliest date of rank (DOR) he would have been eligible for was 31 March 2004, based on the commissioned date for ROTC graduates for May and June 2002. the Chief further stated that if the applicant provides a copy of his initial appointment letter, it is recommended that his DOR be changed to 31 May 2004. It states, in pertinent part, that an officers promotion is automatically delayed (that is, the officer is not promoted in spite of the publication of promotion orders) when the...
ARMY | BCMR | CY2014 | 20140018488
This NGB Form 78, dated 8 July 2014, did not recommend him for 1LT due to his having 36 months TIG. The NGB Form 78 stated [The Applicant] was not recommended for promotion and should be discharged upon his 36 month TIG date of 28 July 2014, due to his disenrollment from the ECP at his school. The evidence of record and the documents he provided confirmed that from the time he entered the GAARNG as an ECP 2LT on 28 July 2011 through the date of his discharge just over 36 months later on 12...
ARMY | BCMR | CY2015 | 20150004281
Counsel states, in effect: * the applicant was denied due process associated with his 2012 ROTC disenrollment board * he was not given notice of the misconduct he was required to defend himself against at the disenrollment board * he was not given the right to make a knowing and voluntary waiver of his rights to what was a second disenrollment board that discharged him * due to the errors made by two boards, the applicant should not have been exposed to a disenrollment board or...
ARMY | BCMR | CY2011 | 20110015375
He then completed a second period of active service as a commissioned officer and he was honorably released from active duty on 16 October 1953 in the grade/rank as 2LT/O-1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding the FSM the Ranger Tab * adding to Item 27 of his DD Form 214 for the period ending 16 October 1953 the: * Parachutist Badge * Ranger Tab * issuing the FSM an Honorable Discharge Certificate...
ARMY | BCMR | CY2001 | 2001065542C070421
APPLICANT STATES : That he meets the eligibility requirements for promotion to major but that the computer at the U. S. Army Reserve Personnel Command (AR-PERSCOM) does not show that he has completed the Infantry Officer Advanced Course, so he has not been considered for promotion. On 8 January 1986, the Army Board for Correction of Military Records (ABCMR) responded to a request from the applicant, case number AC 85-00251, to correct his commissioning as a USAR officer from 23 August 1983...
ARMY | BCMR | CY2013 | 20130021544
Also on 3 August 2011, the applicant executed an oath office, at Ann Arbor, MI, recording the date of acceptance of appointment as a Reserve commissioned officer of the Army on that date. a. Paragraph 2-2 states that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oath of office in the State. However, the evidence of record shows the applicant executed an NGB Form 337 for appointment in the State on 21 September...
ARMY | BCMR | CY2012 | 20120022209
IN THE CASE OF: BOARD DATE: 27 June 2013 DOCKET NUMBER: AR20120022209 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant held the rank of 2LT at the time of his REFRAD on 3 June 1953 which is properly annotated on his DD Form 214.
ARMY | BCMR | CY2011 | 20110016304
IN THE CASE OF: BOARD DATE: 6 September 2012 DOCKET NUMBER: AR20110016304 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides: * Extract of the 2005 Army Regulation 135-91 * Change 9 to Army Regulation 135-155 (April 1981) * Appointment memorandum, dated 17 January 1996 * Request for Duty Change, dated 5 March 1996 * Army Reserve Status and Address Verification, 2001 CONSIDERATION OF EVIDENCE: 1. Memorandum through the U.S. Army Cadet Command, Fort Monroe, VA to the U.S....
ARMY | BCMR | CY2012 | 20120008293
The applicant requests her record be corrected to show she was placed on the U.S. Army Commissioned List for August 2010 instead of 10 June 2011 (the date of her current commission). She ultimately decided to graduate from college on 13 August 2010 in lieu of waiting until she completed the ROTC requirements for MS 402. g. On 2 September 2010, she submitted a second CI requesting the PMS honor the letter from the APMS which stated that a battle analysis was the only requirement she needed...
ARMY | BCMR | CY2001 | 2001060808C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Correction of his military records to reflect sufficient Reserve Component service credit to receive retired pay. For the time that the applicant was appointed an officer in the ARNG, 1 June 1955 through 28 February 1959, only the period of 1 June 1955 through 6 June 1956, is credited with retirement points as 1 year creditable for retired pay at age 60.