IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20120001479
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. He states he did not receive the AGCM at the time of his discharge because he was not eligible. He states he became aware of a change in policy while browsing a medals catalog, and he now wonders if the change was retroactive.
3. He provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), a page from a medals catalog, and correspondence between him and the National Personnel Records Center (NPRC).
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 NPRC in 1973. It is believed most of his records were lost or destroyed in that fire. This case is being considered using the documents he provides and records in his reconstructed NPRC file.
3. On 23 November 1944, the applicant was inducted into the Army of the United States. On 31 July 1946, he was honorably discharged as a technical sergeant (the second-highest enlisted grade at the time) after completing 1 year, 8 months and 9 days of service. The available records indicate he continued his service in the U.S. Army Reserve until he was honorably discharged on 31 July 1949.
4. His WD AGO Form 53-55 does not show he was awarded the AGCM.
5. The available records are void of documentation showing he was convicted by court-martial.
6. The available records do not include his character or efficiency ratings.
7. Army Regulation 600-68 (Good Conduct Medal), 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 and, after 7 December 1941, for completion of 1 year of continuous active Federal military service while the United States was at war. Consideration for award of the AGCM under the
1-year policy required that the year be served entirely during the period 7 December 1941 to 2 March 1946. The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below excellent. The fact that an enlisted man was entitled to an AGCM or clasp denoting a second or subsequent award of the AGCM would be noted under "remarks" of the [Report of Separation and] discharge certificate.
DISCUSSION AND CONCLUSIONS:
1. The available records show the applicant completed 1 year of service qualifying for award of the AGCM prior to 2 March 1946, and there is no documentation showing he was convicted by court-martial.
2. Although his character and efficiency ratings are not available for review, the evidence indicates his service was exemplary. During his relatively brief period of active duty service he was promoted to the second-highest enlisted grade. It is improbable that he would have been promoted to that grade if his character and efficiency were anything less than exemplary.
3. In view of the foregoing, it would be appropriate to award him the AGCM (1st Award) for his wartime service from 23 November 1944 to 31 July 1946 and to correct his WD AGO Form 53-55 to show this award.
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 AGCM (1st Award) for the period 23 November 1944 to 31 July 1946 and adding the award to his WD AGO Form 53-55.
_______ _ _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) AR20120001479
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001479
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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