IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150008666 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150008666 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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. IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150008666 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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 17 September 1951 to show award of the Army Good Conduct Medal (1st Award). 2. The applicant states: * he was awarded the Army Good Conduct Medal and he qualified for it based on the specifications * he is trying to get his records up to date * he received several of his awards from the National Personnel Records Center but he was missing one award, possibly due to the fire * his research shows the Army Good Conduct Medal (1st Award) is awarded for service after 27 June 1950 upon termination of service for periods of less than 3 years but more than 1 year * he was recalled to active duty on 11 September 1950 and he was separated on 17 September 1951 3. The applicant provides: * self-authored statement * 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. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. The applicant's records were affected by the fire and the case is being considered with his salvaged records and the DD Form 214 he provided. 3. The applicant enlisted in the Regular Army on 30 September 1946 for a period of 2 years. 4. On 30 September 1948, he was honorably released from active duty and transferred to the U.S. Army Reserve. His WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) shows in: * item 31 (Military Qualification and Date) –  Expert Marksmanship Qualification Badge with Rifle Bar (M-1), April 1947 * item 33 (Decorations and Citations) – World War II Victory Medal * item 37 (Total Length of Service) – 2 years and 1 day * item 55 (Remarks) – he had no lost time 5. The available records show he had multiple periods of active duty for training between June 1949 and July 1950. 6. On 11 September 1950, he was ordered to active duty in support of military operations. 7. Headquarters, 307th Replacement Depot, Special Orders Number 11, dated 30 November 1950, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). 8. On 30 April 1951, the Assistant Adjutant General, 307th Replacement Depot, sent a character and efficiency ratings request to the applicant's commander for determination of his eligibility for award of the Army Good Conduct Medal or Clasp for the period 30 September 1946 to 30 September 1948. 9. On an unknown date, the Adjutant General provided a response to the request and indicated the records did not show the applicant was entitled to award of the Army Good Conduct Medal. However, his service from 30 September 1946 to 30 September 1948 could be counted toward an award of the Army Good Conduct Medal. 10. On 17 September 1951, he was honorably discharged. His DD Form 214 shows in: * item 22 (Net Service Completed for Pay Purposes This Period) – 1 year, 7 days * item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – None * item 38 (Remarks) – * Inactive U.S. Army Reserve from 1 October 1948 to 10 September 1950 * no lost days REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The regulation states the Army Good Conduct Medal is awarded for: * each 3 years 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 * 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. Qualifying periods of service must be continuous enlisted active Federal military service. c. An award made for any authorized period of less than 3 years must be for the total period of obligated active Federal military service. This applies to the first award only; all other awards of the Army Good Conduct Medal require 3 full years of qualifying service. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show award of the Army Good Conduct Medal (1st Award) was carefully considered. 2. Although award of the Army Good Conduct Medal was authorized for periods of less than 3 years of continuous active Federal military service, the applicant did not meet the eligibility criteria for award of the Army Good Conduct Medal during his period of service ending 30 September 1948. 3. In 1951, his commanding officer stated he was not eligible for award of the Army Good Conduct Medal; however, his service during the period 30 September 1946 to 30 September 1948 could be counted toward an award of the Army Good Conduct Medal. 4. Although he believes he met the criteria for award of the Army Good Conduct Medal (1st Award), his continuous active duty service ended on 30 September 1948. He did not resume an active status until he was ordered to active duty on 11 September 1950. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008666 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008666 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2