IN THE CASE OF:
BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130003616
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army Good Conduct Medal (AGCM) and replacement of the medal set.
2. The applicant states his AGCM was destroyed in a house fire.
3. The applicant provides no additional evidence.
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 service 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 applicant's records were lost or destroyed in that fire. However, the DD Form 214 provided by the applicant 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 2 September 1952. It also shows:
a. he served in the Adjutant General Corps and attained the rank of corporal (CPL)/pay grade E-4 on 14 December 1953;
b. he was assigned to Headquarters Company, 4th Medical Battalion, 4th Infantry Division;
c. he completed 1 year, 11 months, and 11 days of net active service with no lost time which included 1 year, 4 months, and 19 days of foreign service;
d. he was awarded or authorized the Army of Occupation Medal with Germany Clasp and National Defense Service Medal; and
e. he was honorably released from active duty on 12 August 1954.
4. The applicant's DD Form 214 shows no evidence of any unfavorable information or lost time which would disqualify him for award of the AGCM. There is no evidence that he was recommended by his commander for the AGCM or that he was awarded the AGCM.
5. Army Regulation 600-65 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for the award and until the awarding authority announced the award in general orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the AGCM.
2. The applicant served a period of continuous honorable active duty enlisted service from 2 September 1952 through 12 August 1954.
a. He served overseas in Germany and was awarded the Army of Occupation Medal.
b. He was promoted to the noncommissioned officer rank of CPL/E-4 with less than 16 months of active service with no lost time.
3. Despite the absence of orders or the unit commander's recommendation for award of the AGCM, it is reasonable to conclude that he was awarded the first award of the AGCM based on the available evidence.
4. In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show award of the AGCM (1st Award).
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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
adding award of the AGCM (1st Award) to his DD Form 214 and issuing him the AGCM medal set.
_____________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) AR20130003616
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