IN THE CASE OF: BOARD DATE: 4 JUNE 2009 DOCKET NUMBER: AR20090000199 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, award of the Good Conduct Medal and its addition to his DD Form 214 (Report of Separation from the Armed Forces of the United States). 2. The applicant states, in effect, according to the National Personnel Records Center (NPRC) in St. Louis, Missouri, he is entitled to award of the Good Conduct Medal. 3. In support of his application, the applicant provides copies of his DD Form 214 and the letter from the NPRC. 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 are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed that the applicant’s records were destroyed in that fire. However, the DD Form 214 submitted by the applicant was sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he was inducted into the Army of the United States, in pay grade E-1, on 2 December 1952 and entered on active duty the same date. He served overseas for 1 year, 5 months, and 13 days. He was assigned to Company D, 720th Military Police Battalion (Japan). He was promoted to pay grade E-2 on 29 September 1954. This was his highest grade held. 4. The applicant was honorably released from active duty, in pay grade E-2, on 29 October 1954 and was transferred to the United States Army Reserve. He was credited with 1 year, 10 months, and 28 days net active service. 5. Entries on the applicant’s DD Form 214, Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) lists the following awards: the Korean Service Medal, the National Defense Service Medal, the United Nations Service Medal, and the Meritorious Unit Citation [correctly known as the Meritorious Unit Commendation]. The Good Conduct Medal is not listed. 6. The applicant's available records do not contain any information pertaining to his performance, conduct, and efficiency ratings. 7. The applicant submits a copy of his letter from the NPRC, dated 17 October 2008, wherein he was advised of his entitlement to the following awards: the Good Conduct Medal, the Meritorious Unit Commendation, the National Defense Service Medal, and the Korean Service Medal, and the United Nations Service Medal. 8. Army Regulation 600-65 (Personnel - Service Medals) provided for award of the Good Conduct Medal to Soldiers for exemplary behavior, efficiency, and fidelity in an enlisted status for a period of three continuous years completed subsequent to 26 August 1940, except that an award could be made for the completion of a period of one continuous year between 7 December 1941 and 2 March 1946, both dates inclusive. During the period of service for which an award of this medal was contemplated, all character and efficiency ratings, including those pertinent to attendance at service schools, must have been recorded as "excellent" or higher, except that ratings of "unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946 would not be disqualifying. There must have been no conviction by court martial. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was advanced only one pay grade during his nearly two years of service and was not awarded any award for achievement which would shed light on his performance. There is no evidence available pertaining to his conduct and efficiency ratings to be used as a basis in determining his entitlement to award of the Good Conduct Medal. In the absence of available evidence, in all cases, the burden of proof rests with an applicant to submit substantiating proof of their entitlement for an award. Based on the foregoing, the applicant is therefore not entitled to award of the Good Conduct Medal at this time. 2. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ xxx _______ ___ 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) AR20090000199 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090000199 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1