IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004443 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards he may be eligible to receive. 2. The applicant states he would like his records reviewed to see if an oversight occurred when his DD Form 214 was issued. 3. The applicant provides his DD Form 214 and Honorable Discharge Certificate. 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 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 the applicant's records were lost or destroyed in that fire. However, the applicant provides his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of his case. 3. The applicant’s DD Form 214 shows he enlisted in the Regular Army (RA) in the rank/grade of private/E-1 on 9 May 1955 for a period of 3 years and he held military occupational specialty 463.20 (Quartermaster Equipment Repairman). His last unit of assignment was Company B, 319th Army Security Agency Battalion, Germany. 4. On 2 December 1957, he was promoted to the rank/grade of specialist five (SP5)/E-5. On 16 January 1958, he voluntarily extended his enlistment for a period of 3 months. 5. He was honorably discharged on 22 July 1958 in the rank of SP5 at Fort Hamilton, NY. His DD Form 214 shows he was discharged by reason of early release of overseas returnee. He completed 3 years, 2 months, and 14 days of creditable active service with no lost time, of which 2 years, 6 months, and 9 days were foreign service. 6. His DD Form 214 shows he had 4 years, 6 months, and 23 days of other service. Item 28 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the entry “None.” 7. 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. 8. Army Regulation 672-5-1 (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. The enlisted person must have had all “excellent” conduct and efficiency ratings. There must have been no convictions by a court-martial. 9. Army Regulation 600-8-22 (Military Awards) states the Amy 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. DISCUSSION AND CONCLUSIONS: 1. The available records indicate the applicant served honorably throughout his active duty service from 9 May 1955 through 22 July 1958. He had over 2 years of foreign service, attained the rank of SP5, was honorably discharged, and his DD Form 214 confirms he had no lost time. 2. In the absence of derogatory information that would show he had been disqualified for the Army Good Conduct Medal, 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. 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 9 May 1955 through 8 May 1958 * adding to his DD Form 214 the Army Good Conduct Medal (1st Award) ____________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) AR20150004443 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004443 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1