BOARD DATE:	  1 July 2014

		DOCKET NUMBER:  AR20130019249 


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 and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show this award. 

2.  He states:

* the Army Good Conduct Medal was omitted from the the awards section of his DD Form 214
* he had at least four "excellent" character/efficiency ratings
* he was never issued orders for award of the Army Good Conduct Medal

3.  He provides his DD Form 214 and two pages from a DA Form 24 (Service Record).

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

3.  His DD Form 214 shows he enlisted in the Regular Army on 28 July 1949.  He served in Korea and he was credited with 1 year, 8 months, and 23 days of foreign service.

4.  He provided two pages (Section 24 - Endorsements) from a DA Form 24 that  indicates character and efficiency ratings of "excellent" and "unknown."  His name is not listed on this form.  However, the unit of assignment and time period are consistent with those reflected on his DD Form 214.  This form indicates favorable considerations for award of the Army Good Conduct Medal.  There is no available evidence that shows any derogatory information.

5.  He was honorably discharged on 5 September 1952 in the temporary rank of corporal.  His DD Form 214 indicates he completed 3 years, 1 month, and 8 days of net service during this period with no time lost.

6.  His DD Form 214 also indicates he was awarded the Army of Occupation Medal with Japan Clasp and the Korean Service Medal with three bronze service stars.

7.  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, 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.
8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

9.  Army Regulation 600-8-22 states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

10.  Army Regulation 600-8-22 states 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 1953.  The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided extracts from a DA Form 24 that show conduct and efficiency ratings of "excellent" and "unknown."  The ratings of "unknown" are not disqualifying factors for award of the Army Good Conduct Medal.

2.  The available records do not indicate whether he received any disciplinary action (i.e., court-martial) during his tenure on active duty.  However, he did attain the rank of corporal, completed 3 years of service, and he had no lost time.  Any reasonable doubt concerning his eligibility for award of the Army Good Conduct Medal should be resolved in his favor and he should be awarded this medal.

3.  The applicant served honorably from 6 May 1949 through 5 September 1952 and he served in Korea during this period and was awarded the Korean Service Medal.  Therefore, he served a period of qualifying service for award of the National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service Medal.



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:

   a.  awarding him the Army Good Conduct Medal (1st Award ) for the period 6 May 1949 through 5 May 1952; and

   b.  adding to his DD Form 214 award of the Army Good Conduct Medal (1st Award), National Defense Service Medal, United Nations Service Medal, and the Republic of Korea War Service 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)                                         AR20130019249





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ABCMR Record of Proceedings (cont)                                         AR20130019249



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