BOARD DATE:	  8 March 2016

		DOCKET NUMBER:  AR20150008470 


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 his father be awarded the Army Good Conduct Medal.

2.  The applicant states he would also like a review of his father's records for any other awards he may be eligible for from his service.

3.  The applicant provides:

* his father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 28 November 1958
* a letter, dated 20 January 2015, from National Personnel Records Center (NPRC), St. Louis, MO
* email, dated 30 April 2015
* durable power of attorney

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 father'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 his records were lost or destroyed in that fire.  The only military record available to this Board is his 
DD Form 214 (Report of Separation from the Armed Forces of the United States).

3.  His father enlisted in the Regular Army on 1 December 1955 for 3 years.

4.  On 28 November 1958, he was released from active duty in the rank of specialist four/pay grade E-4.  He completed 2 years, 11 months, and 28 days of active service that was characterized as honorable.  He did not have any foreign and/or sea service.  His DD Form 214 shows he was awarded the Parachutist Badge; however, it does not show he was awarded the Army Good Conduct Medal.

5.  Army Regulation 600-65, 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, 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher.  There must have been no convictions by 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.

DISCUSSION AND CONCLUSIONS:

1.  It appears that his father's military personnel records were destroyed in the fire at the National Personnel Records Center in 1973.

2.  Unfortunately, in the absence of military records there is insufficient evidence available to determine if he met the criteria for the Army Good Conduct Medal.  

3.  His DD Form 214 appears to accurately reflect the awards he was authorized, and the lack of records precludes further review for any other awards for which he may have been eligible.  



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)                                         AR20150008470



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ABCMR Record of Proceedings (cont)                                         AR20150008470



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