IN THE CASE OF:
BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120004400
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 Army Good Conduct Medal (AGCM) and National Defense Service Medal (NDSM) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states the awards were overlooked and he wants to exhibit the awards on his Honor Guard Uniform at veterans' funerals.
3. The applicant provides a copy of his DD Form 214 and a copy of his WD AGO Form 55 (Honorable Discharge Certificate).
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 records are not available 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 applicants records were lost or destroyed in that fire. However, the DD Form 214 provided by the applicant was sufficient to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on 26 March 1950. His DD Form 214 shows he was trained as a clerk-typist and held the rank/grade of corporal (CPL)/E-4 on the date of his separation.
4. The applicant was discharged from active duty on 15 May 1953, after completing 3 years and 1 month of total active military service. The DD Form 214 he was issued at the time contains the following information:
a. item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the entry "None."
b. item 38 (Remarks) shows the applicant had 30 days of lost time; additionally, he was involuntarily extended for 1 month.
5. Army Regulation 672-5-1 (Military Awards) provided the Army's awards policy in effect at the time. It stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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. There must have been no convictions by a court-martial. 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.
6. Army Regulation 600-8-22 (Military Awards) states the 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that the AGCM and NDSM be added to his DD Form 214 has been carefully considered and there is sufficient evidence to grant partial relief.
2. The applicant's honorable service to our Nation is not in question; however, his DD Form 214 shows he had 30 days of lost time after completing 3 years and 1 month of total active military service. Therefore, it would not be appropriate to award the applicant the AGCM.
3. The applicant met the eligibility criteria for award of the NDSM; therefore, it should be added to his DD Form 214.
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 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) AR20120004400
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