IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140005668
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 the Korean Service Medal.
2. The applicant states he served over 3 years to be eligible for the Army Good Conduct Medal. He was stationed in Okinawa for 1 year and 10 months. His first sergeant told him he was eligible for the Korean war ribbons.
3. The applicant provides:
* DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 13 December 1952
* a letter, dated 19 March 2014, from the National Personnel Records Center (NPRC), St. Louis, MO
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 applicants 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 applicants records were lost or destroyed in that fire. The only record available to this Board is the applicants DD Form 214 with an effective date of separation of 13 December 1952.
3. On 9 August 1949, he enlisted in the Regular Army. He attended a 16-week Pharmacist Technician course at Fort Sam Houston, TX and he was awarded military occupational specialty 1859 (Pharmacy Technician).
4. On 13 December 1952, he was released from active duty. His DD Form 214 shows he:
* was promoted to corporal (temporary) on 16 November 1951
* completed 3 years, 4 months, and 5 days of net active service
* served 1 year, 11 months, and 18 days of foreign and/or sea service
* was awarded the Army of Occupation Medal with Japan Clasp
* had no lost time
5. The letter, dated 19 March 2014, he provided stated the NPRC could find no record that he was authorized the Army Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for service between 27 June 1950 and 27 July 1954, under any of the following conditions:
a. Within the territorial limits of Korea or in waters immediately adjacent thereto.
b. With a unit under the operational control of the Commander in Chief, Far East, other than one within the territorial limits of Korea, which has been designated by the Commander in Chief, Far East, as having directly supported the military efforts in Korea.
c. Was furnished an individual certificate by the Commander in Chief, Far East, testifying to material contributions made in direct support of the military efforts in Korea.
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. 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 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.
DISCUSSION AND CONCLUSIONS:
1. Due to the unavailability of his military records there is no positive recommendation for the Army Good Conduct Medal from his commander, and his conduct and efficiency ratings for his period of service were not available for review. Therefore, there is insufficient evidence available to determine his eligibility for the Army Good Conduct Medal.
2. The applicant stated he was stationed in Okinawa for over a year. The unit to which he was assigned is unknown. In order for him to be eligible for the Korean Service Medal:
a. His unit would have had to have been under the operational control of the Commander in Chief, Far East and been designated as having directly supported the military efforts in Korea; or
b. He would have had to have been furnished an individual certificate by the Commander in Chief, Far East, testifying to material contributions he made in direct support of the military efforts in Korea.
3. In the absence of either of the above, there is insufficient evidence to authorize him the Korean Service Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ___x ____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20140005668
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ABCMR Record of Proceedings (cont) AR20140005668
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