IN THE CASE OF:
BOARD DATE: 14 October 2014
DOCKET NUMBER: AR20140004117
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, the spouse of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was awarded the National Defense Service Medal (NDSM) and the Army Good Conduct Medal (AGCM).
2. The applicant states the NDSM was awarded after the FSM completed his service and the AGCM was not awarded due to clerical personnel being overwhelmed with processing service members for separation. As a widow, she is distraught to think her deceased husband is being dishonored by not receiving the medals that should have been awarded to him while he was living.
3. The applicant provides:
* DD Form 214
* the FSM's WD AGO Form 55 (Honorable Discharge Certificate)
* the FSM's State of Wisconsin Original Certificate of Death
* an information sheet pertaining to the NDSM and AGCM
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 FSM's military record is 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 his records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered primarily using his DD Form 214.
3. The FSM enlisted in the Regular Army on 19 October 1948. He successfully completed training and was awarded military occupational specialty 4677 (Military Policeman).
4. On 18 October 1951, he was honorably discharged in the rank of corporal (CPL) after completing a total of 3 years of active military service with no lost time. His most significant duty assignment was with the 553rd Military Police Company, Fort Campbell, KY.
5. The DD Form 214 the FSM was issued at the time of his separation does not show he was awarded the NDSM or AGCM.
6. The FSM's DD Form 230 (Service Record), which would have shown his conduct and efficiency ratings, is not available for review with this case. His reconstructed record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the AGCM (1st Award).
7. Army Regulation 600-8-22 (Military Awards) states the NDSM 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.
8. Army Regulation 600-65 (Service Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the FSM completed a qualifying period of service for award of the NDSM. Therefore, he is entitled to correction of his records to show this service medal.
2. The FSM served honorably during the period 19 October 1948 through 18 October 1951, attained the rank of CPL, was honorably separated in that rank, and his DD Form 214 confirms he had no lost time. In the absence of derogatory information that would show he had been disqualified for the AGCM, it would be appropriate to award him the AGCM (1st Award), based on his completion of a qualifying period of Federal military service, and to 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 AGCM (1st Award) for the period 19 October 1948 through 18 October 1951; and
* adding to his DD Form 214 the:
* NDSM
* AGCM (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) AR20140004117
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ABCMR Record of Proceedings (cont) AR20140004117
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