IN THE CASE OF: BOARD DATE: 23 JULY 2009 DOCKET NUMBER: AR20090004710 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 Army Good Conduct Medal (AGCM). 2. The applicant states that he has been looking for his award of the AGCM and to date nothing has been issued. 3. The applicant provides a copy of his War Department Form 372A (Final Payment-Worksheet), a copy of his WD AGO Form 100 (Separation Qualification Record), and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) in support of his application. 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 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 for the Board to conduct a fair and impartial review of this case. 3. The applicant was born on 9 August 1912 and he was inducted into the Army of the United States on 8 February 1945, at Camp Beale, California. He completed his training as a meat and dairy inspector and he was assigned to the Area Veterinarian Detachment Service Command Unit (SCU) 1962. 4. On 8 December 1945, he was honorably discharged at Fort Ord, California, in the rank of private, which is the highest rank he held during his tenure of service. He served 10 months of total active service and he was awarded the World War II Victory Medal. 5. Army Regulation 600-8-22 (Military Awards) provides that the Army 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. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Army Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he should have been awarded the AGCM for his service during the period 8 February to 8 December 1945 has been carefully considered. 2. The minimum time necessary for award of the AGCM during the period the applicant served on active duty was 12 months (1 year). However, the applicant served only 10 months of active duty; therefore, he was not eligible for award of the AGCM. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ _____X___ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the World War II. The applicant and all Americans should be justifiably proud of his service in arms. __________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) AR20090004710 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004710 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1