IN THE CASE OF:
BOARD DATE: 25 October 2012
DOCKET NUMBER: AR20120007853
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.
2. The applicant states that when he was inducted into military service, he was given the Officer Candidate School (OCS) test and passed it. He declined to attend OCS because he didn't want to make a career of military service. After completing the engineer school, he was sent to Korea and assigned to the 65th Engineer Company. He was assigned to the service bay and his team developed a reputation as excellent mechanics. After a few months, he became the company clerk which required a Secret clearance. He was proud of his service in that capacity and proud of his service to our country. He was never reprimanded by anyone for any reason.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a photograph of his 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 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 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 his records were lost or destroyed in that fire. However, the applicant provided his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 15 September 1952 and entered active service on that date at St. Louis, MO. This form does not show his military occupational specialty but shows his most significant duty assignment (i.e., his last duty assignment) was with the 65th Engineer Company, Korea.
4. He was honorably released from active duty on 27 August 1954 in the rank/grade of corporal (CPL)/E-4 and transferred to the U.S. Army Reserve (USAR). He completed 1 year, 11 months, and 13 days of net active service of which 1 year, 3 months, and 10 days was foreign service, with no time lost.
5. The DD Form 214 he was issued shows the:
* National Defense Service Medal
* United Nations Service Medal
* Korean Service Ribbon with one bronze service star
* Republic of Korea Presidential Unit Citation
6. His DA Form 24 (Service Record) or DA Form 20 (Enlisted Qualification Record) which would have shown his conduct and efficiency ratings is not available for review with this case.
7. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who 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. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The criteria for award of the Army Good Conduct Medal requires that the Soldier received "excellent" conduct and efficiency ratings throughout his service and had no convictions by court-martial.
2. Although the applicant's service cannot be verified, in the absence of evidence to the contrary, it can be presumed he served honorably throughout his service and had no court-martial convictions that precluded him from receiving this award as his DD Form 214 shows he was released from active duty in the rank of CPL, had no time lost, served in the Korean War for over 1 year, and was transferred to the USAR. Therefore, it would be appropriate to award him Army Good Conduct Medal and correct his DD Form 214 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 Army Good Conduct Medal (1st Award) for the period 15 September 1952 through 27 August 1954
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award)
____________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) AR20110019721
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ABCMR Record of Proceedings (cont) AR20120007853
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