IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120009832
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Army Good Conduct Medal (AGCM).
2. The applicant states the award is listed on a DA Form 1577 (Department of the Army Authorization for Issuance of Awards), dated 2 May 1971; however, the award is not shown on his DD Form 214.
3. The applicant provides:
* his DD Form 214
* his Honorable Discharge Certificate from the U.S. Army Reserve (USAR), dated 1 July 1960
* a DA Form 1577
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 his records were lost or destroyed in that fire. This case is being considered based on the documents provided by the applicant.
3. His DD Form 214 shows he:
a. was inducted into the Army of the United States and he entered active service on 25 August 1952;
b. served 7 months and 1 day of foreign and/or sea service;
c. was awarded the Korean Service Medal with two bronze service stars, United Nations Service Medal, and the National Defense Service Medal;
d. was promoted to the rank/grade of corporal (CPL)/grade 4 on 7 January 1954;
e. was honorably released from active service and he was transferred to the U.S. Army Reserve (USAR) in the rank of CPL on 24 August 1954; and
f. served 2 years of total active military service with no time lost.
4. He provided a DA Form 1577, dated 2 May 1971, that shows that Department of the Army, Office of the Adjutant General, authorized the issuance of the abovementioned awards, including the AGCM, to the applicant.
5. He also provided an Honorable Discharge Certificate that shows he was honorably discharged from the USAR on 1 July 1960.
6. 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 ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying. There must have been no convictions by court-martial.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the AGCM was carefully considered and determined to have merit.
2. Although the applicant's complete military records are not available for review, the available evidence shows he was honorably released from active service in the rank of corporal after completing 2 years of active military service, including service in Korea, with no time lost. This is supported by his receipt of an Honorable Discharge Certificate for his honest and faithful service. Additionally, the Department of the Army, Office of the Adjutant General, authorized the issuance of the AGCM to the applicant on 2 May 1971, prior to the fire at the NPRC. Therefore, it appears his complete military records were reviewed prior to the AGCM authorization for issuance of the award.
3. In view of the foregoing, it would be appropriate at this time to officially award the applicant the first award of the AGCM for his honorable active duty service for the period 25 August 1952 through 24 August 1954 and to 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 25 August 1952 through 24 August 1954 and by adding this award to his
DD Form 214.
_____________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) AR20120009832
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