IN THE CASE OF:
BOARD DATE: 24 January 2013
DOCKET NUMBER: AR20120012067
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, in effect, correction of his military records to show award of the Army Good Conduct Medal and the Cold War Recognition Certificate for service in Korea in 1958-1959.
2. The applicant states he believes his military records were burned in the St. Louis fire in 1973. He contends that he should have been awarded the Army Good Conduct Medal and Cold War Recognition Certificate for his service.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* letter from the National Personnel Records Center (NPRC), dated 20 June 2012
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 has requested award of the Cold War Recognition Certificate. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to the Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, the applicant's request for the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.
3. The applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the NPRC in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
4. The applicant's DD Form 214 shows:
a. he enlisted in the Regular Army on 10 June 1957;
b. he was awarded military occupational specialty 951.10 (Military Policeman);
c. he attained the rank of private first class/pay grade E-3;
d. he was not credited with any awards;
e. he was released from active duty on 9 June 1960 and transferred to the U.S. Army Reserve;
f. he completed 3 years of creditable active duty service;
g. he completed 1 year, 1 month, and 11 days of foreign service; and
h. he received an honorable characterization of service.
5. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.
6. The letter from the NPRC states his records are not available and indicates they may have been destroyed by fire in 1973. It further states that no record was found showing he is authorized any medals.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his military records to show award of the Army Good Conduct Medal.
2. The applicant's DD Form 214 clearly shows the applicant served during a qualifying period for award of the Army Good Conduct Medal. However, there is no available evidence showing his conduct and efficiency ratings or that his commander recommended him for award of the Army Good Conduct Medal.
3. Unfortunately, because the necessary documentation is not available, the applicant's request should be denied.
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 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) AR20120012067
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ABCMR Record of Proceedings (cont) AR20120012067
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