IN THE CASE OF:
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130020214
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.
2. The applicant states, in effect, he was awarded the Army Good Conduct Medal in addition to the awards already shown on his DD Form 214.
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 complete 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 the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 3 October 1952. He completed 8 months and 17 days of foreign service. He was promoted to the rank of corporal on 15 June 1954.
4. On 2 October 1954, he was honorably released from active duty. He completed 2 years of active service. His DD Form 214 shows he was awarded the Army of Occupation Medal with Germany Clasp and National Defense Service Medal. His DD Form 214 shows no lost time.
5. On 17 March 1979, the Commanding General, Army Reserve Components Personnel Administration Center (RCPAC), St. Louis, Missouri, authorized the issuance of medal sets to the applicant for awards of the Army Good Conduct Medal, Army of Occupation Medal with Germany Clasp, and National Defense Service Medal.
DISCUSSION AND CONCLUSIONS:
1. Although there are no orders awarding him the Army Good Conduct Medal, officials at RCPAC determined he was authorized award of the Army Good Conduct Medal and further authorized the issuance of medal sets to the applicant for all of his awards. Given he had no lost time and was promoted to the rank of corporal, it is reasonable to presume that he qualified for this award.
2. Accordingly, award of the Army Good Conduct Medal should be added to his DD Form 214.
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 Army Good Conduct Medal to his DD Form 214.
_____________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) AR20130020214
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ABCMR Record of Proceedings (cont) AR20130020214
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