IN THE CASE OF: BOARD DATE: 22 May 2012 DOCKET NUMBER: AR20110022732 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 award of the Army Good Conduct Medal. 2. The applicant states he served almost 2 years of honorable and exceptional service during the Korean period. 3. The applicant provides: * Letter of Commendation, dated 9 June 1955 * Certificate of Nomination from the American Legion * A memorandum, subject: Discharge as a Reserve Commissioned Officer of the Army, dated 12 June 1961 * DD Form 214 (Report of Separation from the Armed Forces of the United States), for the period ending 7 June 1955 * Wikipedia description of the Army Good Conduct Medal * a self-authored letter to the: * Office of The Adjutant General, Washington, D.C., dated 28 September 2011 * National Personnel Records Center, St. Louis, MO, dated 25 October 2011 * Army Review Boards Agency, dated 9 November 2011 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. His DA Form 170 (Application for Appointment in the Officer's Reserve Corps) shows he attended John Hopkins University and he completed the following Reserve Officers' Training Corps (ROTC) training as cadet: * ROTC Infantry Basic Course from 27 September 1949 to 10 June 1951 * Cadet Infantry Summer Camp from 21 June to 1 August 1952 * ROTC Infantry Advance Course from 27 September 1951 to 8 June 1953 3. He accepted a U.S. Army Reserve (USAR) officer commission as a second lieutenant on 8 June 1953. 4. He entered active duty on 7 September 1953 and he was released from active duty on 7 June 1955. He held the temporary grade of first lieutenant (1LT) in the Army of the United States and a permanent grade of 1LT in the USAR. 5. Item 18 of his DD Form 214 shows his rank at the time of entry into active duty was 2LT. 6. The available records do not show any prior enlisted service. 7. The applicant provided a memorandum which attests to his commendable performance while serving as the property book officer for the Central Post Fund, Fort Eustis, VA. In addition, he provided three letters in which he requested award of the Korea Defense Service Medal, National Defense Service Medal, and the Army Good Conduct Medal. 8. Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted (emphasis added) active Federal military service 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; 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. 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. DISCUSSION AND CONCLUSIONS: 1. The applicant requests award of the Army Good Conduct Medal. 2. The Army Good Conduct Medal is awarded for enlisted active Federal military service. The evidence of record shows the applicant completed ROTC at John Hopkins University on 8 June 1953 and he accepted a commission as a 2LT on the same day. The time he spent in a cadet status is not considered active duty nor was he serving as an enlisted member; therefore, he is not eligible for the award of the Army Good Conduct Medal. 3. 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. __________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) AR20110022732 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110022732 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1