IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20120001915 


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 correction of his record to show award of the Army Good Conduct Medal in recognition of his service during World War II.

2.  The applicant states he served 9 years and never received the Army Good Conduct Medal upon his discharge.  

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge).

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 record is 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 that his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records which primarily consist of his WD AGO Form 53-55, WD AGO Form 53, and portions of his WD AGO Form    24 (Service Record) provided by the National Personnel Records Center.

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the Regular Army  on 9 December 1942.  His military occupational specialty (MOS) was 835 (Supply Clerk).  This form also shows he served in the European theater of operations (ETO) from 28 February 1944 until 4 September 1945.  The highest rank he attained while serving on active duty during this period was private, grade 7, and he held this rank on the date of his separation.  The applicant was honorably discharged on 29 November 1945.

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Rome Arno campaign of World War II.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded or authorized the European-African-Middle Eastern Service Medal with one bronze service star and the American Theater Ribbon.

6.  Item 37 (Total Length of Service) of the applicant's WD AGO Form 53-55 shows he completed 1 year, 3 months, and 22 days of service within the continental limits of the United States and 1 year, 7 months, and 29 days of foreign service.

7.  Item 55 (Remarks) of the applicant's WD AGO Form 53-55 shows he had 1 lost day under Articles of War 107.

8.  His record contains Summary Court Case Number 1, 183rd Quartermaster Depot Company Supply, which shows, on 19 February 1945, the applicant pled and was found guilty of the 96th Article of War, further specified as wrongfully taking and carrying away certain phonograph records, on or about 10 February 1945, at Foggia, Italy, a value of about $10.00, the property of the 225th Quartermaster Salvage Company.

9.  The applicant's WD AGO Form 53 shows he later enlisted in the RA on 12 December 1945.  His MOS was 055 (Clerk General).  This form also shows he served in the ETO from 18 June 1946 until 19 October 1948.  The highest rank he attained while serving on active duty during this period was private, grade 5; however, he held the rank of private, grade 6, on the date of his separation.  The applicant was honorably discharged on 12 November 1948.

10.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53 shows "none."

11.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53 shows he was awarded or authorized the World War II Victory Medal and the Army of Occupation Medal.

12.  Item 37 (Total Length of Service) of the applicant's WD AGO Form 53 shows he completed 6 months and 5 days of service within the continental limits of the United States and 2 years, 4 months, and 26 days of foreign service.

13.  Item 55 (Remarks) of the applicant's WD AGO Form 53-55 shows he had no lost days under Articles of War 107.

14.  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 continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  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 Army Good Conduct Medal or clasp would be noted under "remarks" of the discharge certificate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of the Army Good Conduct Medal was carefully considered; unfortunately, there is insufficient evidence to award this medal.

2.  In order to be awarded the Army Good Conduct Medal, the enlisted member must have 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.  Additionally, the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

3.  The evidence of record shows the applicant pled guilty and was found guilty of a summary court-martial offense during his first enlistment.  Therefore, he is not entitled to award of the Army Good Conduct Medal for this period of service.

4.  He reentered military service on 12 December 1945, and he was honorably discharged on 12 November 1948, a period of 2 years and 11 months of consecutive active service; however, his complete service records are unavailable and therefore it is impossible to ascertain if the applicant had "excellent" conduct and efficiency ratings for the duration of this period of service.  In addition, the fact that his grade at the time of separation was lower than his highest grade held indicates he was reduced in grade during this period of service.  

5.  The applicant's honorable service in World War II is noted; regretfully, in the absence of evidence to the contrary, there is insufficient evidence to show he met the criteria for award of the Army Good Conduct Medal.

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)                                         AR20120001915



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ABCMR Record of Proceedings (cont)                                         AR20120001915



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