IN THE CASE OF:	  

		BOARD DATE:  4 February 2014

		DOCKET NUMBER:  AR20130008662 


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 two separate applications, correction of Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Army Good Conduct Medal and the Army Commendation Medal.

2.  The applicant states:

* The Army Good Conduct Medal and the Army Commendation Medal were overlooked at the time of his separation from service
* Refer to Executive Order 10444, dated 10 April 1953
* It authorized first award of the Army Good Conduct Medal after 27 June 1950, upon termination of service for periods less than 3 years, but more than 1 year
* The commanding general of the 36th Division issued a Letter of Commendation for outstanding service while training the division during summer training
* The commendation resulted in his promotion to first lieutenant although being in grade for only 18 months
* He does not have a copy of the letter, he only has a copy of the bars

3.  The applicant provides:

* DD Form 214, dated 30 September 1953
* Description and Background of the Army Good Conduct Medal
* Honorable Discharge Certificate, dated 25 October 1957
* National Personnel Records Center letter, dated 19 April 2013
* Description and Background of the Army Commendation Medal

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 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, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 29 January 1951.  He completed training as a construction worker.  He was promoted through the ranks to technical sergeant, effective 23 August 1951.

4.  On 13 March 1952, the applicant was honorably discharged to accept a commission in the Army of the United States.  Item 27 on the DD Form 214 he received for this period of service does not show any awards.

5.  The applicant accepted an appointment as a second lieutenant in the Army of the United States on 14 March 1952.  He was promoted to first lieutenant on 26 September 1953.

6.  The applicant was honorably released from active duty on 30 September 1953.  Item 27 on the DD Form 214 he received for this period shows he was awarded the National Defense Service Medal.

7.  A review of the available records failed to reveal any orders awarding him the Army Good Conduct Medal or the Army Commendation Medal.

8.  The applicant provides a copy of his Honorable Discharge Certificate from the U.S. Army Reserve, dated 25 October 1957.  He also provides a copy of his 
DD Form 214, dated 30 September 1953, and descriptions and background information pertaining to the Army Good Conduct Medal and the Army Commendation Medal.

9.  Army Regulation 600-65 (Service Medals), 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, will 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.

10.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

13.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9, provides that the Board begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  There is no evidence in the available record, nor has the applicant submitted any evidence showing he is authorized the Army Good Conduct Medal.  He provides a copy of his DD Form 214, dated 30 September 1953, releasing him from active duty in the rank of first lieutenant.  The Army Good Conduct Medal is awarded for enlisted active Federal military service thereby making him ineligible for this award during the period of service covered by that DD Form 214.

3.  According to the applicable regulation, a Soldier's conduct and efficiency ratings must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration.  There must have been no convictions by court-martial.  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.  

4.  There is no evidence in the available record showing that the applicant met the criteria for award of the Army Good Conduct Medal during his period of enlisted service.  Without proper orders, the Board would normally be reluctant to amend his DD Form 214, dated 13 March 1952, to show this award.  However, in view of the fact that he had served for more than a year and was discharged for the purpose of accepting a commission in the Army of the United States, it is reasonable to presume he met the criteria for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to grant him this portion of his request.
5.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal for the period 29 January 1951 to 13 March 1952; and

	b.  adding the Army Good Conduct Medal to his DD Form 214 ending on 
13 March 1952.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Commendation Medal.




      _______ _  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)                                         AR20130008662



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ABCMR Record of Proceedings (cont)                                         AR20130008662



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