IN THE CASE OF:
BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120010605
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 military service records to show award of the Army Good Conduct Medal.
2. The applicant states his performance and conduct were exemplary throughout his military service. At the U.S. Army Europe (USAREUR) Tank Training Center M-24/M25 Tank Crewman Course his team was awarded best tank crew in November 1950. After looking over his Army papers he noticed that he was not awarded the Army Good Conduct Medal for his military service.
3. The applicant provides:
* his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* a USAREUR Tank Training Center Certificate of completion, dated
3 November 1950
* a Seventh Army Non-Commissioned Officers Academy Certificate of completion, dated 28 March 1952
* a Seventh Army Tank Training Center Certificate of Attendance, dated
20 December 1952
* a cigarette lighter engraved with "CONSTABULARY TANK TRAINING CENTER MEMBER BEST TANK CREW 3 NOV. 1950"
* an Honorable Discharge Certificate
* a Certificate of Recognition for Cold War 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 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 applicants 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 that the applicants records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214.
3. The applicant's DD Form 214 shows he entered active duty in the Regular Army on 6 March 1950. He served overseas for a period of 2 years, 8 months, and 15 days and achieved the rank of corporal (CPL). Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Army of Occupation Medal with Germany Clasp. Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) shows he completed the Tank Crewman Course at the USAREUR Tank Training Center.
4. On 30 March 1953, the applicant was honorably discharged after completing 3 years and 25 days of creditable active service with no time lost.
5. The available records do not include orders awarding him the Army Good Conduct Medal.
6. The available records do not show his conduct and efficiency ratings.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his military service records to add the Army Good Conduct Medal was carefully considered.
2. Although his military service records which would show his conduct and efficiency ratings are not available, he attained the rank of corporal, he had no lost time, and he was honorably discharged. Any reasonable doubt concerning his eligibility for award of the Army Good Conduct Medal should be resolved in his favor.
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 6 March 1950 through 5 March 1953 and adding it 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) AR20120010605
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120010605
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100017782
The applicant states: * his last name is "Bourque," not "Borque" * he served over 3 years of honorable service [for award of the Army Good Conduct Medal] * he served in Korea from 21 September 1950 through 14 December 1952 and participated in six campaigns * he was attached to the 1st Ordnance, Medium Maintenance Company, when it was awarded the Presidential Unit Citation * he was awarded the marksman medal during basic training at Fort Dix, NJ in 1948 * he is entitled to the Driver and...
ARMY | BCMR | CY2011 | 20110016804
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart and, in effect: * Republic of Korea (ROK) Presidential Unit Citation * United Nations Service Medal * Korean Service Medal with one silver service star * Army Good Conduct Medal * Army of Occupation Medal with Japan Clasp 2. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service...
ARMY | BCMR | CY2008 | 20080012350
The applicants military records are not available to the Board for review. It stated that the Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding...
ARMY | BCMR | CY2013 | 20130003641
The applicant requests correction of his military service records to show he was promoted to the rank of sergeant first class (SFC). The applicant states he was denied promotion to staff sergeant (SSG) while assigned in the Republic of Vietnam (RVN) from 1965 to 1966. Centralized promotion boards (for promotion consideration to grades E-7, E-8 and E-9) would select the best qualified Soldier in each MOS for promotion.
ARMY | BCMR | CY2002 | 2002074139C070403
The applicant requests that the satisfactory efficiency rating in his record be changed to excellent so that he can be awarded the Good Conduct Medal (GCM). In support of his request, he submits a copy of his DD Form 214, Report of Separation; a copy of Section 4-Chronological Record of Military Service, from his military records, showing his conduct and efficiency ratings; a copy of a 1985 letter from the US Army Reserve Component Personnel and Administration Center, responding to his...
ARMY | BCMR | CY2014 | 20140011936
His record contains a DD Form 230 (Service Record) showing in Section 24 (Indorsements) that the applicant was favorably considered for award of the Army Good Conduct Medal. Therefore, there is sufficient evidence to support his entitlement to correction of his DD Form 214 to show award of the Army Good Conduct Medal (1st Award) for the period 25 September 1950 through 7 September 1952. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110009513
The FSM's military service records are not available to the Board for review. c. The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1954. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action in Korea on 26 June 1951; b. awarding him the Army Good Conduct...
ARMY | BCMR | CY2005 | 20050014263C070206
Attached as Incl #1 to the Recommendation for Award is the "PROPOSED CITATION FOR AWARD OF THE DISTINGUISHED SERVICE CROSS" which is quoted in full as follows: "Sergeant [FSM's name omitted], US 5XXXXXXX, Armor, United States Army, while a member of Company C, 245th Tank Battalion, 45th Infantry Division, distinguished himself by extraordinary heroism in action against an armed enemy near Songowol, Korea, on 22 September 1952. At this time, all crew members, excepting Corporal Bxxxx, were...
ARMY | BCMR | CY2007 | 20070014104
The applicants military records are not available to the Board for review. He lists his periods of service and units of assignment as well as his service in Korea, and concludes that he considers the Expert Infantryman Badge test the most difficult in the Army and that he passed it which made him qualified for award of this badge. The applicant's record shows he served a qualifying period of service for award of the Republic of Korea War Service Medal.
ARMY | BCMR | CY2009 | 20090003125
The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the Korean Service Medal w/three Bronze Service Stars and the United Nations Service Medal; he had no lost time; and he was REFRAD in the rank of sergeant. During the review of this case it was determined that the applicant is also entitled to the National Defense Service Medal and the Republic of Korea War Service Medal based on the applicable regulation. As a result, the Board recommends...