IN THE CASE OF:	  

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140021431 


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 Meritorious Unit Commendation.  

2.  The applicant states:

* he is requesting a correction to his records to reflect award of the Army Good Conduct Medal 
* the Army criteria for this award is 3 years of service after 7 December 1951 and one year while the United States of America is at war
* he completed 3 years of service between 1 February 1950 and 31 January 1953 with approximately 2.5 years being at war during the Korean War
* he is eligible for this award and it should be reflected on in his records 
* he is also requesting to see if he should have been eligible for the Meritorious Unit Commendation for the 4th Field [Hospital]

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted in the Regular Army for 3 years on 1 February 1950.  This form further shows at the time of his separation, he held military occupational specialty 6756 (Medical Corpsman) and he was assigned to 9901st TSU SFC Detachment 1, Walter Reed Army Medical Center. 

4.  He was honorably separated on 31 January 1953.  He completed 3 years of creditable active service, of which 1 year, 5 months, and 10 days was foreign service.  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 he was awarded or authorized the: 

* Army of Occupation Medal (Japan)
* Combat Infantryman Badge (General Orders (GO) Number 13, issued by Headquarters, 191st [Unknown Element] on 7 October 1950 
* Meritorious Unit Commendation (GO Number 550, issued by Headquarters, Eighth U.S. Army Korea on 16 July 1951)
* Korean Service Medal with 6 bronze service stars 
* United Nations 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.  His reconstructed records do not contain official orders awarding him the Army Good Conduct Medal.

7.  Army Regulation 600-65 (Awards), 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 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.  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.

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

9.  Army Regulation 600-8-22 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.  

10.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation credit for World War II and for the Korean War.  This pamphlet shows DAGO Number 81, dated 14 September 1951, awarded the 4th Field Hospital the Meritorious Unit Commendation for exceptionally meritorious performance and service in Korea from 2 October 1950 to 1 May 1951. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal: 

	a.  The applicant served honorably from 1 February 1950 through 31 January 1953.  His DA Forms 20 and/or 24 are not available for review with this case.  However, he served in Korea through 6 campaigns and he was honorably separated after completing 3 years of honorable service with no lost time.  Additionally, he was awarded the Combat Infantryman Badge.

	b.  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 qualifying service ending with the termination of a period of Federal military service. 

2.  With respect to the Meritorious Unit Commendation, GO awarded the 4th Field Hospital the Meritorious Unit Commendation for exceptionally meritorious performance and service in Korea from 2 October 1950 to 1 May 1951.  

	a.  However, there is insufficient evidence to show the applicant was assigned or attached to the 4th Field Hospital during the cited period.  In the absence of assignment or attachment orders, DA Form 20/24, or other documentary evidence confirming his assignment or attachment to this unit, his eligibility for this award cannot be determined. 

	b.  Additionally, it is unclear if the Meritorious Unit Commendation (GO Number 550, issued by Headquarters, Eighth U.S. Army Korea on 16 July 1951) is for the same service, act, or achievement.  The awards regulation stipulates that only one decoration is awarded to an individual or unit for the same act, achievement, or period of meritorious service.  In the absence of GO Number 550, the period of service cannot be determined. 

	c.  There is insufficient evidence to support adding a second Meritorious Unit Commendation to his DD Form 214.  

3.  The applicant served through a qualifying period of service for award of the National Defense Service Medal and the Republic of Korea War Service Medal; therefore, he should have his DD Form 214 corrected to show these awards. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 1 February 1950 through 31 January 1953
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award) 
* National Defense Service Medal
* Republic of Korea War Service Medal

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a second award of the Meritorious Unit Commendation. 



      _______ _   _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)                                         AR20140021431



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ABCMR Record of Proceedings (cont)                                         AR20140021431



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