BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120005789 


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 DA Form 1577 (Authorization for Issuance of Award) to show his enlisted service between April 1948 and October 1950 and August and December 1951.

2.  The applicant states:

* He contacted the National Personnel Records Center (NPRC) in reference to award of the Army Good Conduct Medal but he was told his personnel records did not support this award
* When he reviewed the response it was clear his enlisted service from April 1948 to October 1950 and from August to December 1951 was missing
* His concern is more about the record of service than the Army Good Conduct Medal

3.  The applicant provides:

* Letter, dated 2 November 2011, from NPRC
* DA Form 1577, dated 14 September 1964
* Honorable Discharge Certificate, dated 25 December 1951
* Special Orders Number 71, dated 22 September 1950
* AGPZ Form 249 (Statement of Service)




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 records show he enlisted in the Regular Army on 1 October 1946 for a period of 18 months.  He completed basic combat training at Fort Bragg, NC.  He was awarded and held military occupational specialty 502 (Administrative Noncommissioned Officer).

3.  On 19 April 1948, he was honorably released from active duty and transferred to the Enlisted Reserve Corps (ERC).  He was held 19 days beyond the expiration of his term of service.

4.  He was issued a WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) that captured this period of active service.  This form shows in:

* item 31 (Military Qualification and Date) the Expert Marksmanship Qualification Badge with Carbine Bar, Expert Marksmanship Qualification Badge with Rifle Bar (M-1), and Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* item 33 (Decorations and Citations) the World War II Victory Medal

5.  He was assigned to the Virginia ERC Control Group as a volunteer Reserve, not in an active duty, on “18” April 1948.  

6.  He was ordered to active duty from the ERC and entered active duty on 14 October 1950.  He held MOS 3569 (Writer/Public Information Reporter).  He was assigned to Fort Lee, VA.

7.  He completed 3 months and 18 days of foreign service and he was honorably released from active duty on 22 August 1951 and transferred back to the ERC.  He was issued a DD Form 214 (Report of Separation from the Armed Forces of the United States) that captured this period of active service.  This form shows in 

* item 22 (Net Service Completed for Pay Purposes This Period) – "0  10  19"
* item 23 (Other Service Completed for Pay Purposes) – "4  10  17"
* item 24 (Total Net Service Completed for Pay Purposes) – "4  10  26"
* item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – the Korean Service Medal with a campaign star and the Army of Occupation Medal with Japan Clasp

8.  The applicant provided a copy of an AGPC Form 249, which records his enlisted service both on active duty (active service) and not on active duty.

9.  He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 22 September 1951.  He served in various staff or leadership positions and he was ultimately discharged from the Reserve.

10.  On 14 September 1964, he was issued a DA Form 1577 authorizing him award of the United Nations Service Medal.  The form stated:

Entitlement to the Good Conduct Medal is based on 3 continuous years of service in an enlisted status after 1940, one continuous year of enlisted service during World War II and one continuous year after
27 June 1950 (enlisted).  All ratings must be excellent. The records show you served in an enlisted status from October 1946 to April 1948 and October 1950 to August 1951.  Since you do not have sufficient qualifying time in your enlisted status you would not be entitled to the Good Conduct Medal.

11.  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 [Report of Separation and] discharge certificate.

12.  Army Regulation 600-65, 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; 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  

13.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

	b.  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.  

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  A DD Form 214 will be prepared for selected categories of military personnel including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 1 October 1946 to 19 April 1948, a period of 1 year, 6 months, and 19 days, which is properly captured on the WD AGO Form 53 (predecessor to the DD Form 214) he was issued.  Upon release from active duty he was transferred to the ERC; he was no longer in an active status.  


2.  During this period of active service, the regulation required completion of 
3 continuous years of enlisted active service to qualify for award of the Army Good Conduct Medal.  He did not serve 3 continuous years of active service.  Therefore, he did not meet the criteria for this award.

3.  He did not serve in active service again until 14 October 1950, when he was ordered to active duty from the ERC.  He completed 10 months and 9 days of active service, which again did not qualify him for award of the Army Good Conduct Medal, but he was issued a DD Form 214 that captured his active service as well as his prior active and inactive service.  

4.  Although his active service in each case is properly captured on an appropriate separation document, and although he did not meet the criteria for award of the Army Good Conduct Medal, he served a qualifying period of service for awards of the United Nations Service Medal (based on his award of the Korean Service Medal), and the National Defense Service Medal.  Both awards should be listed on his DD Form 214.  

5.  The DD Form 214 (and the previously-used WD AGO Form 53) is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.   This form is a Department of Defense document and is the official record of the applicant’s active service.

6.  The DA Form 1577 on the other hand is used to authorize the issuance of decorations, medals, unit citations, and badges; it is not used to establish entitlement to an award or badge or to record a period of service.  It also appears that NPRC, in answering a possible request for the Army Good Conduct Medal, made reference on the DA Form 1577 only to the applicant’s active service in an enlisted status.  However, NPRC inadvertently mentioned his “enlisted status,” which admittedly would have included his enlisted service not on active duty.

7.  A copy of the applicant’s WD AGO Form 53 and his DD Form 214 will be provided to him as a record of his enlisted active service.  He already has a copy of a AGPZ Form 249, which contains a record of his entire enlisted service (active service and service not on active duty).

8.  Evidence shows that the applicant’s records contain administrative errors which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_  __x______  _____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by adding to his DD Form 214 the:

* United Nations Service Medal
* National Defense Service Medal

3.  The Board wants the applicant and all others to know that the sacrifices the applicant made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20120005789



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ABCMR Record of Proceedings (cont)                                         AR20120005789



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