IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140019154
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 he completed 1 year, 11 months, and 2 days of honorable service with no lost time.
3. The applicant provides his 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 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's reconstructed records contain a DD Form 214 that shows he was inducted into the Army of the United States in Philadelphia, PA on 27 November 1951. This form further shows he held military occupational specialty 1763 (Pole/Wire Lineman) and his most significant assignment was with Service Unit Number 9, Army Unit 8205.
4. His DD Form 214 further shows he was honorably separated from active duty in the rank of corporal (CPL) (Temporary) on 28 October 1953. He completed 1 year, 11 months, and 2 days of creditable active service, of which 1 year, 5 months, and 9 days was foreign service and he had no lost time.
5. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the Korean Service Medal with 3 bronze service stars, Republic of Korea Presidential Unit Citation, United Nations Service Medal, and National Defense Service Medal.
6. His DA Form 24 (Service Record) or DA Form 20 (Enlisted Qualification Record) which would have shown his conduct and efficiency ratings are not available for review with this case.
7. His reconstructed records do not contain official orders awarding him the Army Good Conduct Medal.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
9. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. The applicant served honorably from 27 November 1951 through 28 October 1953. His DA Forms 20 and/or 24 are not available for review with this case. However, he served in Korea through three campaigns, attained the rank of CPL, and he was honorably discharged after completing 1 year, 11 months, and 2 days of honorable service with no lost time.
2. Nothing in his reconstructed records is negative. As such, lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Army Good Conduct Medal based on completion of a period of qualifying service.
3. He served a qualifying period of service for entitlement to the Republic of Korea War Service Medal which is not shown on his DD Form 214. Therefore, his DD Form 214 should be corrected 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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 27 November 1951 through 28 October 1953
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the Republic of Korea War Service Medal
_______ _ 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) AR20140019154
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ABCMR Record of Proceedings (cont) AR20140019154
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