Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140019154
Original file (20140019154.txt) Auto-classification: Approved

		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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140019154



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130011732

    Original file (20130011732.txt) Auto-classification: Approved

    The evidence of record shows: a. the applicant qualified for award of the National Defense Service Medal; b. the applicant qualified for award of the Korean Service Medal and he served in three campaigns during his service in Korea. Thus, he is entitled to three bronze service stars for wear on his already-awarded Korean Service Medal; c. the applicant qualified for award of the Republic of Korea War Service Medal; and d. general orders awarded the applicant's unit the ROK PUC. As a...

  • ARMY | BCMR | CY2014 | 20140003271

    Original file (20140003271.txt) Auto-classification: Approved

    The applicant's military records are not available to the Board for review. His DD Form 214 shows: * he was promoted to the temporary rank of corporal on 11 November 1951 * he completed 11 months and 6 days of foreign service * he earned the following awards: * Korean Service Medal with 1 bronze service star * United Nations Service Medal * Army of Occupation Medal (Japan) 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2013 | 20130008544

    Original file (20130008544.txt) Auto-classification: Approved

    The applicant's military service records are not available to the Board for review. c. Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 6 October 1950 through 5 October 1953. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 6 October 1950 through 5...

  • ARMY | BCMR | CY2010 | 20100028184

    Original file (20100028184.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his Prisoner of War (POW) status during the Korean War. Army Regulation 600-65 (Service 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. He served during a qualifying period of service in Korea for entitlement to the Republic of Korea War Service...

  • ARMY | BCMR | CY2014 | 20140018616

    Original file (20140018616.txt) Auto-classification: Approved

    The applicant requests: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 3 additional bronze service stars for wear on his already-awarded Korean Service Medal * award of the Army Good Conduct Medal 2. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award. As a result, the Board...

  • ARMY | BCMR | CY2013 | 20130015432

    Original file (20130015432.txt) Auto-classification: Approved

    Item 27 of the applicant's DD Form 214 shows he earned the following awards: * Korean Service Medal with 2 bronze service stars * United Nations Service Medal 6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st award) for the period 8 January 1951 through 8...

  • ARMY | BCMR | CY2012 | 20120011688

    Original file (20120011688.txt) Auto-classification: Approved

    The FSM's military service records are not available to the Board for review. The evidence of record further shows the FSM qualified for award of the: * National Defense Service Medal based on his active duty service during the Korean Conflict * United Nations Service Medal based on his award of the Korean Service Medal * Republic of Korea War Service Medal for his service during the Korean Conflict Therefore, his DD Form 214 should be corrected to show these awards. d. Despite the absence...

  • ARMY | BCMR | CY2014 | 20140021326

    Original file (20140021326.txt) Auto-classification: Approved

    Army regulations clearly state the requirement for award of the Army of Occupation Medal is that one must serve in Japan for 30 consecutive days during the period 3 September 1945 to 27 April 1952. The applicant's complete military records are not available to the Board for review. e. 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.

  • ARMY | BCMR | CY2013 | 20130021224

    Original file (20130021224.txt) Auto-classification: Approved

    The applicant's complete military records are not available to the Board for review. 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. 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,...

  • ARMY | BCMR | CY2008 | 20080013496

    Original file (20080013496.txt) Auto-classification: Approved

    The evidence of record shows that the applicant served in Korea during the Korean conflict and was awarded the Korean Service Medal with three bronze service stars; therefore, he served a qualifying period for award of the United Nations Medal and is entitled to correction of his records to show this award. The evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore, he is entitled to...