IN THE CASE OF:	  

		BOARD DATE:	1 October 2015 

		DOCKET NUMBER:  AR20150003278 


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 the award of the Army Good Conduct Medal 
(1st Award) for his service during the Korean War.

2.  The applicant states, in effect:

* he spent 3 years in the Army during the Korean War
* he was never awarded an Army Good Conduct Medal even though he never got into trouble and had no negative write-ups
* he did not become aware he was missing this award until 2014 when he received a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States)

3.  The applicant provides no additional documentary evidence.

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 for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the NPRC has provided a reconstructed record which provides sufficient documents to address the applicant's request.

3.  His reconstructed record shows he enlisted in the Regular Army on 23 March 1951.  

4.  He was honorably discharged on 22 March 1954.  His DD Form 214 shows he completed 3 years of net active creditable service.

	a.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following:

* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* National Defense Service Medal
* Combat Infantryman Badge
* Parachutist Badge

	b.  Item 35 (Remarks) shows no days of lost time.

5.  His reconstructed record contains a DD Form 230 (Service Record).  

	a.  Section 3 (Organizations to which Assigned and Attached) shows the applicant was assigned to two units while stationed in Korea:

* Company G, 38th Infantry Regiment, from on or about 27 September 1952 to on or about 23 December 1952
* Headquarters, 2nd Battalion, (not clearly legible) Infantry Regiment from on or about 24 December 1952 to on or about 24 August 1953

	b.  Section 4 (Service Outside Continental United States) shows he was assigned to Korea from on or about 21 September 1952 to on or about 29 August 1953.  


	c.  Section 9 (Medals, Decorations, and Citations) lists the following:

* Parachutist Badge
* Combat Infantryman Badge
* United Nations Service Medal
* Korean Service Medal with three bronze service stars
* National Defense Service Medal

	d.  Section 17 (Indorsements) shows ratings for character and efficiency.  Entries start on 29 March 1951 and finish on his separation date.  All entries show either "Excellent" or "Unknown."  There are no entries reflecting a negative evaluation.

6.  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.

	a.  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.  

	b.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as “Excellent” or higher.  Ratings of “Unknown” for portions of the period under consideration are not disqualifying.  

	c.  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.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) records campaigns and unit citations for World War II and Korea.  It shows the 38th Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for a period that coincided with the applicant's service in the unit.

8.  Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards.  It states the Korean 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.  This award was approved on 20 August 1999 for veterans of the Korean War. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the award of the Army Good Conduct Medal (1st Award) for his service.

2.  The Army Good Conduct Medal (1st Award) is not currently listed on his DD Form 214 for the period ending 22 March 1954.  It appears, however, he met the criteria for the award during the period 23 March 1951 to 22 March 1954.

* he received all excellent ratings for conduct and efficiency throughout his term of service
* there is no derogatory information found in his available record, to include no record of courts-martial

3.  Additionally, the applicant was assigned to the 38th Infantry Regiment when it was awarded the Republic of Korea Presidential Unit Citation.  This award is not currently reflected on his DD Form 214.  

4.  In 1999, veterans of the Korean War were authorized the Korean War Service Medal.  

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:

	a.  awarding the Army Good Conduct Medal (1st Award) for the period 23 March 1951 to 22 March 1954; and



	b.  adding to item 27 of his DD Form 214 for the period ending 22 March 1954 the following awards:

* Army Good Conduct Medal (1st Award)
* Republic of Korea Presidential Unit Citation
* Korean 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)                                         AR20150003278





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ABCMR Record of Proceedings (cont)                                         AR20150003278



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