IN THE CASE OF:
BOARD DATE: 22 October 2015
DOCKET NUMBER: AR20150003163
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 reconsideration of his earlier request for award of the Army Good Conduct Medal.
2. The applicant states the Army Good Conduct Medal is awarded, for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. He served from 17 May 1951 to 30 April 1953. He believes he is eligible for this award.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140003888 on 4 December 2014.
2. The applicant provides a new argument which he believes was not previously considered. This is considered new evidence that warrants consideration by the Board.
3. 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.
4. The applicant's DD Form 214 shows he was inducted into the Army of the United States in Houston, TX on 17 May 1951. This form further shows at the time of his separation, he held a communications military occupational specialty and his most significant assignment was with Headquarters Battery, 1st Cavalry Division.
5. His DD Form 214 further shows he was honorably separated from active duty in the rank of corporal (CPL) (Temporary) on 30 April 1953. He completed 1 year, 11 months, and 14 days of creditable active service, of which 1 year, 5 months, and 15 days was foreign service in Korea and Japan. He had no lost time.
6. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the Army of Occupation Medal (Japan), Korean Service Medal with 2 bronze service stars, and the United Nations Service Medal.
7. His DA Form 24 (Service Record) or DA Form 20 (Enlisted Qualification Record), which would have shown his conduct and efficiency ratings, is not available for review with this case.
8. On 4 December 2014, this Board granted him partial relief with regard to the National Defense Service Medal and the Republic of Korea War Service Medal. However, the Board determined there was insufficient evidence to determine his eligibility for award of the Army Good Conduct Medal.
9. On 15 January 2015, he was issued a DD Form 215 (Correction to DD Form 214) that added to his DD Form 214 the National Defense Service Medal and the Republic of Korea War Service Medal.
10. Army Regulation 600-65, 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, will 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant served from 17 May 1951 through 30 April 1953. His DA Forms 20 and/or 24 are not available for review with this case. As such, it is not possible to determine his conduct and efficiency ratings. However, he served in Korea through two campaigns, attained the rank of CPL, and he was honorably discharged after completing 1 year, 11 months, and 14 days of service with no lost time.
2. Nothing in his reconstructed records is negative or derogatory. It is reasonable to presume that lacking any derogatory information on file that would have disqualified him, he appears to have met the criteria for award of the Army Good Conduct Medal based on completion of a period of qualifying service.
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 amendment of the ABCMRs decision in Docket Number AR20140003888, dated 4 December 2014. 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 17 May 1951 through 30 April 1953 and adding this 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) AR20150003163
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