IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110023820
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 the DD Form (Report of Separation from the Armed Forces of the United States) of his deceased father's, a former service member (FSM), be corrected to show the:
* National Defense Service Medal
* Army Good Conduct Medal
2. The applicant states his father served during the Korean War. The National Defense Service Medal was approved in 1953, retroactive to 1950. Additionally, his father should qualify for award of the Army Good Conduct Medal as he was promoted to corporal and his DD Form 214 reflects no time lost or other entries that would preclude him from receiving the medal. Unfortunately, additional records are not available due to the destruction of records at the National Personnel Records Center (NPRC).
3. The applicant provides:
* The FSM's DD Form 214
* NA (National Archives) Form 13083 (Certification of Military Service)
* Certificate of death
* Certificate of birth
* Statement from the FSM's widow, dated 4 January 2012
* NPRC letter, dated 3 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. The FSM'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 his records were lost or destroyed in that fire. However, the FSM's records contain his DD Form 214 which is sufficient to conduct a fair and impartial review of this case.
3. The FSM's DD Form 214 shows he enlisted in the Regular Army on 8 September 1949 and he held military occupational specialty 1603 (Anti-Aircraft Artillery Chief). His most significant duty assignment (i.e., last duty assignment) was with Battery D, 69th Anti-Aircraft Artillery Gun Battalion, Fort Tilden, NY.
4. He was honorably discharged from active duty on 19 December 1952 in the rank of corporal. He completed 3 years, 3 months, and 12 days of creditable active service with no time lost.
5. His DD Form 214 does not show award of the National Defense Service Medal or the Army Good Conduct Medal.
6. 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.
7. 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.
8. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the FSM served during a qualifying period of service for award of the National Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. With respect to the Army Good Conduct Medal:
a. The criterion for award of the Army Good Conduct Medal requires that the Soldier received excellent conduct and efficiency ratings throughout his service and had no convictions by court-martial. While it is noted that the FSM had no time lost, there are no records to verify his conduct and efficiency ratings or the absence of derogatory information.
b. Regrettably, in the absence of evidence that shows he obtained excellent ratings and had no derogatory information that precluded him from receiving this award, there is insufficient evidence upon which to base award of the Army Good Conduct Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the National Defense Service Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Army Good Conduct Medal.
_______ _ _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) AR20110023820
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110023820
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120010743
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. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. Therefore, there is no basis for granting his request...
ARMY | BCMR | CY2012 | 20120011688
The FSM's military service records are not available to the Board for review. The evidence of record further shows the FSM qualified for award of the: * National Defense Service Medal based on his active duty service during the Korean Conflict * United Nations Service Medal based on his award of the Korean Service Medal * Republic of Korea War Service Medal for his service during the Korean Conflict Therefore, his DD Form 214 should be corrected to show these awards. d. Despite the absence...
ARMY | BCMR | CY2010 | 20100018109
The applicant requests that the DD Form 214 (Report of Separation from the Armed Forces of the United States) of his deceased father, a former service member (FSM), be corrected to show he was discharged in pay grade E-6; he was awarded the Korean Service Medal (KSM) with three bronze service stars, the National Defense Service Medal (NDSM), the American Defense Service Medal (ADSM), the Republic of Korea Presidential Unit Citation (ROKPUC), the Army of Occupation Medal (AOM); and that he be...
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 | CY2011 | 20120000344
The applicant requests correction of the records of his deceased father, a former service member (FSM), to show award of the: * Army Good Conduct Medal * National Defense Service Medal * Korea Defense Service Medal 2. 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 qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the...
ARMY | BCMR | CY2013 | 20130018550
Application for correction of military records (with supporting documents provided, if any). The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's record to show the Purple Heart and any other medals or awards he earned. She provides: * the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * the FSM's Certificate of Death * e-mail correspondence * a letter from the National Personnel Records Center...
ARMY | BCMR | CY2011 | 20110024201
The applicant requests correction of the records of his late father, a former service member (FSM), to show award of the: * American Defense Service Medal * World War II Victory Medal * Army Good Conduct Medal 2. His Certificate of Service shows he served in active Federal service of the Army of the United States from 15 October 1940 to 16 January 1942. Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of...
ARMY | BCMR | CY2012 | 20120006065
The applicant, the son of a deceased former service member (FSM), requests award of Army Commendation Medal (ARCOM) for non-combat related heroic achievement to his late father and its addition to his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). The applicant provides: * FSM's 1937 and 1938 Citizen's Military Training Camp certificates * FSM's 1937 Special Commendation for Merit certificate * FSM's Civilian Conservation Corps Honorable...
ARMY | BCMR | CY2004 | 040006038C070208
The FSM’s military records are not available to the Board for review. The evidence available is of the FSM’s DD Form 214. That form shows that he advanced to the rank of corporal in 2 years, that he had no lost time, and that he served honorably.
ARMY | BCMR | CY2013 | 20130020518
The FSM's DD Form 214 shows: * he enlisted in the Regular Army on 30 September 1949 * on 11 October 1952, he was honorably discharged * he served 3 years and 12 days of creditable active service with no days lost * he served 9 months and 20 days overseas * he was assigned to the 5th Infantry Regiment * he received wounds as a result of action with enemy forces on 4 February 1951 * his awards are: * Korean Service Medal with 4 bronze service stars * Combat Infantryman Badge * he was...