IN THE CASE OF:	

		BOARD DATE:	 13 August 2008 

		DOCKET NUMBER:  AR20080008613 


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 that he be awarded the Good Conduct Medal.

2.  The applicant states that he served 3 years on active duty honorably.

3.  The applicant provides a copy of his separation document (DD Form 214).

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 could not be located, and are presumed to have been destroyed at the fire at the records repository at St. Louis, Missouri, in 1973.  The information contained herein was derived from the applicant’s DD Form 214.

3.  He enlisted in the Regular Army on 23 June 1949, was promoted to corporal, served in the Korean War, and was honorably released from active duty on 22 August 1952.  He served 3 years and 2 months of active duty.

4.  Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant served honorably for over 3 years, without his records it cannot be determined whether he had a less than excellent efficiency rating.

2.  As such, there is insufficient evidence in which to grant the applicant’s request.

BOARD VOTE:

___X____  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined during their review that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Good Conduct Medal and providing him a correction to his separation document that includes this award.
2.  This determination is based on a unanimous vote in that under the presumption of regularity, the applicant served 3 years and was separated as a CPL with no records of punishment.  Therefore, it is presumed he was otherwise in good standing and entitled to award of the Good Conduct 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)                                         AR20080008613



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ABCMR Record of Proceedings (cont)                                         AR20080008613



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