IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140003228
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Army Good Conduct Medal.
2. The applicant states he served honorably and received an honorable discharge. He should have been awarded the Army Good Conduct Medal.
3. The applicant provides:
* U.S. Army Europe Certificate showing he completed the Combat Engineer Noncommissioned Officer (NCO) Course
* 10th Division Academy Certificate showing he completed the Noncommissioned Officer's Course
* personnel listing and photographs of Headquarters Company, 2nd Battalion, 87th Infantry
* DD Form 214
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 were apparently destroyed in the 1973 National Personnel Records Center fire. The only available record was his
DD Form 214.
3. The applicant enlisted on the Regular Army on 29 January 1955. He held military occupational specialty 121.60 (Combat Engineer).
4. He was honorably released from active duty effective 28 January 1959 as a sergeant (SGT)/E-5. He had completed 4 years of active duty service including
2 years, 6 months, and 18 days of foreign and/or service with no lost time. His DD Form 214 shows he was not awarded or authorized any awards.
5. The applicant has provided copies of certificates showing he completed the Combat Engineer NCO Course and the NCO Course while in Europe.
6. 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. 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.
DISCUSSION AND CONCLUSIONS:
The applicants records show he distinguished himself in the performance of his military service as evidenced by him attaining the rank of SGT and being honorably released from active duty with no lost time. Notwithstanding the fact his records are unavailable, it is presumed that he did not receive the Army Good Conduct Medal due to an oversight. Accordingly, he should be awarded the Army Good Conduct Medal (1st Award) for the period 29 January 1955 to
28 January 1958.
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 awarding him the Army Good Conduct Medal (1st Award) for the period
29 January 1955 to 28 January 1958 and adding this award 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) AR20110007880
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ABCMR Record of Proceedings (cont) AR20140003228
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