IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130015784
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 award of the Army Good Conduct Medal.
2. The applicant states he enlisted in the Regular Army (RA) for 3 years but he was discharged 9 days early for the convenience of the government.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States), Honorable Discharge Certificate, a letter, and an Army form.
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 complete 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 the applicant's records were lost or destroyed in that fire. However, the applicant provided his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he was enlisted in the RA for a period of 3 years on 23 July 1947. He held military occupational specialty 0740 (Radio Operator) and his last unit of assignment was Headquarters and Headquarters Company, 1st Battalion, 33rd Infantry Regiment, Panama.
4. He was promoted to the rank/grade of corporal (CPL)/E-4 on 1 September 1949.
5. He was honorably discharged from active duty on 5 July 1950 in the rank of CPL. Item 8 (Reason and Authority for Separation) of his DD Form 214 confirms he was discharged early for the convenience of the government (Army Regulation 615-365, paragraph 1). He completed 2 years, 11 months, and 13 days of creditable active service with no lost time.
6. Item 25 (Foreign and/or Sea Service) of his DD Form 214 shows 2 years, 2 months, and 24 days of his service was served outside the continental United States (OCONUS).
7. His DD Form 214 does not show award of the Army Good Conduct Medal.
8. His DA Form 24 (Service Record) or DA Form 20 (Enlisted Qualification Record) which would have shown his conduct and efficiency ratings are not available for review with this case.
9. The applicant provides a Verification of Mustering-Out Pay form, dated 27 August 1971, issued by the National Personnel Records Center, wherein it stated:
a. Mustering out payments were authorized to members of the Armed Forces who served on active duty between the periods 1 December 1941 - 27 June 1947 and 27 June 1950 - 31 January 1955, and were discharged or relieved from such service under honorable conditions.
b. Records showed he served from 23 July 1947 to 5 July 1950, his character of service was honorable, and he was entitled to payment of $300 as he performed 60 days or more of active service and served OCONUS.
10. Army Regulation 672-5-1 (Awards), 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The available records indicate the applicant served honorably throughout his active duty service from 23 July 1947 through 5 July 1950. He enlisted in the RA, he served OCONUS for over 2 years, attained the rank of CPL, was honorably discharged in that rank, and his DD Form 214 confirms he had no lost time.
2. In the absence of derogatory information that would show he had been disqualified for the Army Good Conduct Medal, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and 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 exemplary behavior, efficiency, and fidelity during the period 23 July 1947 through 5 July 1950
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award)
_______ _ __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) AR20130015784
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ABCMR Record of Proceedings (cont) AR20130015784
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