IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150008563 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 DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show all of his authorized awards. 2. The applicant states he was not awarded the Army Good Conduct Medal for his service in the Army. He was informed that his military records were destroyed in the fire in St. Louis, Missouri. 3. The applicant provides a copy of his DD Form 214 and a National Personnel Record Center letter, dated 8 June 2012, with enclosure. 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 his records were lost or destroyed in that fire. 3. The only available record is the applicant's DD Form 214. The DD Form 214 shows: a. He enlisted on the Regular Army on 30 September 1952. His military occupational specialty is not listed. b. His rank as private first class (PFC)/E-3. c. He was released from active duty on 9 September 1954. He completed 1 year, 11 months, and 10 days of active duty service including 1 year, 6 months and 7 days of foreign and/or sea service. There is no entry showing the location of his foreign service. d. No awards or decorations are listed. e. His most significant duty was with the 337th Chemical Company Depot. f. He had no lost time. 4. There is no available evidence showing any court-martial convictions. 5. Army Regulation 600-65 (Service Medals), 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. A Soldier's conduct and efficiency ratings must have all been recorded as "excellent" or higher. There must have been no convictions by court-martial. 6. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated July 1961, contains a register of unit citations and of campaign participation credits for World War II and the Korean War. The 337th Chemical Company Depot is not listed. DISCUSSION AND CONCLUSIONS: 1. While the applicant's conduct and efficiency ratings are not available, the available evidence shows he distinguished himself in the performance of his military service as evidenced by his promotion to PFC and honorable discharge. There is no evidence showing any court-martial convictions. Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 30 September 1952 through 9 September 1954. 2. The applicant served during a qualifying period of service for award of the National Defense Service Medal. BOARD VOTE: ___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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (First Award) for the period 30 September 1952 to 9 September 1954; and b. adding to his DD Form 214 the Army Good Conduct Medal (First Award) and the National Defense Service Medal. __________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) AR20110012948 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008563 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1