BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140010033
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, award of the Army Good Conduct Medal (AGCM).
2. The applicant states:
* he served in the Army for 3 years, 9 months, and 4 days
* his commander ordered the destruction of their military records when their unit in Korea was overrun by Chinese communist forces
* he did not receive a courteous welcome upon his return to the United States from his service in Korea
3. The applicant provides:
* letter of support
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
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 for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire or they may have been destroyed prior to that fire as the applicant suggests.
3. The applicant enlisted in the Regular Army on 14 July 1948 and served as a medical technician in the Republic of Korea. After completing 3 years, 9 months, and 4 days of active service, he was honorably discharged on 17 April 1952 in the rank of sergeant with no lost time.
4. His DD Form 214 shows he was awarded or authorized the:
* Army of Occupation Medal with Japan Clasp
* Korean Service Medal with three bronze service stars
* Republic of Korea Presidential Unit Citation
* Purple Heart
* United Nations Service Medal
* Combat Medical Badge
5. There is no evidence showing the applicant was ever awarded the AGCM and no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.
6. The applicant provided a letter of support from a retired U.S. Army colonel attesting to the applicant's exemplary personal character and military service in both Japan and Korea. He states the applicant served with distinction during his deployment in Korea. The applicant had no concern for the Silver Star or Bronze Star Medal; his greatest distress was that he was not awarded the AGCM. He requests award of the AGCM to the applicant to correct the oversight.
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 the 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:
1. The applicant's request for award of the AGCM was carefully considered.
2. He served honorably during the period 14 July 1948 through 17 April 1952 and separated in the rank of sergeant with no lost time. It is presumed that he met the criteria for the AGCM. Therefore, it would be appropriate to award him the AGCM (1st Award) at this time and 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 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
14 July 1948 through 13 July 1951
* adding the Army Good conduct Medal (1st 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) AR20140010033
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ABCMR Record of Proceedings (cont) AR20140010033
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