BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150016789 BOARD VOTE: ___x_____ __x______ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150016789 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 awarding him the Army Good Conduct Medal (1st Award) for the period 18 July 1956 through 8 June 1959 and adding this award to his DD Form 214. __________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. BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150016789 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 June 1959 to show he was awarded the Army Good Conduct Medal (AGCM) (1st Award). 2. The applicant states, in effect, he did not receive the AGCM for his service in the Army from 18 July 1956 through 8 June 1959. He is a 79 year old who resides at the South Dakota State Veterans Home. During his period of service, he had one tour in Korea and his character of service was honorable. He believes he met the criteria for award of the AGCM. 3. The applicant provides a copy of his DD Form 214. 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 the applicant's records were lost or destroyed in that fire. This case is being considered using the documents provided by the applicant. 3. The applicant enlisted in the Regular Army on 18 July 1956. He completed his initial entry training and was awarded military occupational specialty (MOS) 612.10 (Construction Machine Repairer). 4. The applicant's DD Form 214 shows he was honorably discharged on 8 June 1959, and was transferred to the U. S. Army Reserve, XIV U.S. Army Corps (Reserve), Minneapolis, MN. Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 reads "None." REFERENCES: Army Regulation 672-5-1 (Awards), in effect at the time, provided that 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 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. The enlisted Soldier must have had all "excellent" conduct and efficiency ratings, and he/she could not have been convicted by court-martial. DISCUSSION: 1. The applicant received an honorable discharge from the Regular Army after serving 2 years, 10 months, and 20 days. There is no evidence he was convicted by court-martial. 2. The criteria for the Army Good Conduct Medal in effect at the time required that a Soldier must have had all "excellent" conduct and efficiency ratings. There are no records available showing his conduct and efficiency ratings. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016789 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2