ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 April 2020 DOCKET NUMBER: AR20200000737 APPLICANT REQUESTS: reconsideration of his previous request for award of the Army Good Conduct Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 31 October 2019 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 7 May 1957 * Honorable Discharge Certificate, dated 30 April 1962 * Civil Service Commission Form 2906-A, dated 19 December 1963 * DA Form 873 (Certificate of Clearance and/or Security Determination on Executive Order 10450), dated 12 March 1964 * Standard Form 52 (Request for Personnel Action), dated 11 January 1965 * DD Form 215 (Correction to DD Form 214), dated 22 June 2005 * two Self-authored Statements, undated * letter, Congressional Liaison and Inquiries, Army Review Boards Agency, dated 21 October 2019 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20050012444 on 2 March 2006. 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 in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. These records consist of files provided from a partial reconstructed record by the National Archives and Records Administration and/or National Personnel Records Center and documents provided by the applicant. 3. The applicant provided new documentary evidence and new arguments that were not previously considered by the Board that warrant consideration at this time. 4. The applicant states: a. He served in Korea from 4 November 1954 to 25 January 1956 and subsequently, with the Military Police at Fort Hamilton, New York until his honorable separation from active duty. b. When he returned from Korea, he was told he could purchase the Korean Service Medal and United Nations Medal and the Army would give them to him later. He later learned he was not eligible for these medals because he missed the cut-off date in Korea by 3 months. He did not receive his Army Good Conduct Medal and assumed it was for a similar reason. c. Years later he learned he should have received his Army Good Conduct Medal. He had no major infractions of any rules. d. He was employed by the U.S. Army as a civilian from December 1963 to January 1965, was granted a secret clearance, and worked at the Boston Army Base. He left this position because of commuting problems and poor pay. 5. On 7 May 1954, the applicant enlisted in the Regular Army. 6. On 7 May 1957, he was honorably released from active duty. His DD Form 214 shows in item: a. Item 24a(3) (Total Active Service) – he completed 3 years of total active service. b. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the National Defense Service Medal. 7. He provided copies of his Honorable Discharge Certificate, dated 30 April 1962, and: a. Civil Service Commission Form 2906-A, dated 19 December 1963, showing he was selected for a career-conditional appointment in the U.S. Civil Service. b. DA Form 873, dated 12 March 1964, showing he was granted a secret security clearance on 12 March 1964. c. Standard Form 52, dated 11 January 1965, showing he resigned from the U.S. Civil Service. 8. His available records contain a DD Form 215 (Correction to DD Form 214), which added his award of the Korea Defense Service Medal. 9. On 2 March 2006 and in ABCMR Docket Number AR20050012444, the ABCMR denied his request for award of the Army Good Conduct Medal. The Board determined there was insufficient evidence of record on which to base award of the Army Good Conduct Medal and he did not provide compelling evidence or explanation to show that it was in the interest of justice to excuse his failure to timely file his case. 10. On 26 January 2007, the ABCMR denied his request for reconsideration of the Army Good Conduct Medal due to his failure to provide new evidence or argument and submission of his request within 1 year of his original ABCMR decision. 11. His available records are void of orders showing he was awarded the Army Good Conduct Medal. BOARD DISCUSSION: After review of the application and supporting documents, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, his military record, the length and character of service, the absence of disqualifying information and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. Based on a preponderance of evidence, the Board determined that the evidence presented is sufficient for award of the Army Good Conduct Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20050012444, dated 2 March 2006. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 7 May 1957 by awarding him the Army Good Conduct Medal. 12/11/2020 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. REFERENCES: 1. Title 10, United States 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 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. 2. 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; for the 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a 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. //NOTHING FOLLOWS//