IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140014060
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.
2. The applicant states, in effect, he would like to be awarded the Army Good Conduct Medal.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a letter from the Veteran Services Office of Anoka County, Minnesota, dated 1 August 2014.
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 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 his records were destroyed in that fire. However, there were sufficient documents available to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty in Fargo, North Dakota on 20 November 1950. He held military occupational specialty 4745 (Infantryman) and attained the rank of private first class. His most significant duty assignment was listed as Company D, 11th Armored Cavalry Regiment, Camp Carson, Colorado. His DD Form 214 also shows:
a. He was awarded the Korean Service Medal with three bronze service stars, the Combat Infantryman Badge, and the United Nations Service Medal.
b. He was honorably released from active duty at Camp Carson, Colorado on 29 August 1952. He completed 1 year and 9 months of net active service, of which 11 months and 7 days was listed as foreign service, most likely in Korea.
4. 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. 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, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.
b. 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 regulation in effect during the time of the applicant's service stated that service members were not entitled to award of the Army Good Conduct Medal until their immediate commander made a positive recommendation for its award and the awarding authority announced the award in general orders.
2. The applicant's military record consists solely of his DD Form 214. Despite his honorable separation, there is no way of knowing whether or not his commander recommended him for award of the Army Good Conduct Medal, or whether the preponderance of evidence would suggest he met the criteria for this award at the time of his release from active duty and had his commander's favorable endorsement for such an award.
3. Unfortunately, there is insufficient evidence to grant the requested relief.
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) AR20140014060
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ABCMR Record of Proceedings (cont) AR20140014060
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