IN THE CASE OF:	  

		BOARD DATE:  11 October 2012

		DOCKET NUMBER:  AR20120006593 


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 that all of his authorized awards be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he knows that he received more than a marksmanship badge during his service.  He goes on to state that he should have a Good Conduct Medal and remembers that one of his units either in Oakland Army Base or Seattle, Washington received a unit citation.

3.  The applicant provides a copy of a Certification of Military Service (NA Form 13038).

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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there are sufficient documents in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 25 March 1955 for a period of  3 years.  He completed his basic training at Fort Ord, California and his advanced individual training as a stevedore at Fort Eustis, Virginia before being transferred to Fort Mason, California on 24 August 1955.

4.  On 2 February 1956, he was transferred to Oakland Army Base and on 
16 February 1956 he was transferred to Seattle, Washington for duty as a cook’s helper.  On 7 November 1957, he was transferred to Fort Lawton, Washington.

5.  On 28 May 1958, he was honorably released from active duty (REFRAD) due to the expiration of his term of service.  He had served 3 years of total active service and had 65 days of lost time due to being absent without leave (AWOL).  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Expert Marksmanship Qualification Badge with carbine bar.

6.  A review of the available records shows that the applicant received conduct and efficiency ratings of “excellent,” “poor,” “fair,” and “good.”  The applicant's records also contain comments indicating that he was in the bottom 25 percent of assigned cooks, that he continuously neglected to perform his duties, lacked a sense of responsibility, and required constant supervision.  His records also indicate that he was arrested by civil authorities on 12 January 1956 and was charged with carrying a dangerous weapon.  He was surrendered to military authorities on 1 February 1957.

7.  His records also show that he was convicted by a special court-martial on      4 March 1957 of being AWOL from 9 February to 10 February 1957 and
10 February to 25 February 1957.

8.  A search of the available records failed to show the applicant was awarded any awards other than those reflected on his DD Form 214.  There is also no evidence of any unit awards.

9.  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.  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.

10.  Army Regulation 600-8-22 (Military Awards) states there is no automatic entitlement to an award upon departure either from an assignment or from the service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have more awards reflected on his DD Form 214 other than a marksmanship badge has been noted and appears to lack merit.

2.  The applicant has failed to show through the evidence of record and the evidence submitted with his application that he is entitled to additional awards and his record of service clearly shows that he is not qualified for award of the Army Good Conduct Medal not only because of his conduct and efficiency ratings but his court-martial conviction as well.

3.  Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant his request.

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)                                         AR20120006593



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ABCMR Record of Proceedings (cont)                                         AR20120006593



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