IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012728 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 IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012728 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 adding the following awards to his DD Form 214: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Republic of Korea War 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. IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012728 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 (Report of Separation from the Armed Forces of the United States) to show the following awards: * Bronze Star Medal * Army Good Conduct Medal * National Defense Service Medal 2. The applicant states these awards were not added to his DD Form 214 at the time of his separation. 3. The applicant provides: * letter from the National Personnel Records Center, dated 2 October 2014 * Bronze Star Medal orders, certificate, and citation * DA Forms 1577 (Authorization for Issuance of Awards), dated 25 August 1953 and 15 July 2002 * Member of Congress correspondence, dated July 2016 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 complete 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. His DD Form 214 shows: * he was inducted into the Army of the United States on 10 August 1951 * he served in Korea * he was honorably released from active duty on 6 June 1953 in the temporary rank of sergeant * he completed 1 year, 9 months, and 27 days of creditable active service * he was awarded the Korean Service Medal with three bronze service stars and United Nations Service Medal * no lost time 4. Headquarters, 2d Infantry Division, General Orders Number 161, dated 8 May 1953, awarded him the Bronze Star Medal for meritorious service for the period 6 April 1952 to 8 May 1953 in Korea. 5. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 6. He provided a DA Form 1577, dated 25 August 1953, showing he was authorized the issuance of the Army Good Conduct Medal. REFERENCES: 1. 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 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, including those pertinent to attendance at service schools, must have all been recorded as “excellent” or higher, except that ratings of “Unknown” for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than “excellent” entered prior to 3 March 1946, would not be disqualifying. 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. The Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service must have been performed, in part, while on permanent assignment or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. DISCUSSION: 1. Orders show the applicant was awarded the Bronze Star Medal. His DD Form 214 does not show this medal. 2. He requests the Army Good Conduct Medal be added to his DD Form 214 and he provided a DA Form 1577 showing he was authorized the issuance of the Army Good Conduct Medal in 1953. 3. The available evidence shows he was inducted on 10 August 1951 and he was honorably released from active duty in the temporary rank of sergeant on 6 June 1953 after completing 1 year, 9 months, and 27 days of creditable active service with no time lost. It appears he did meet the eligibility criterion for the first award of the Army Good Conduct Medal for this period. It is therefore reasonable to presume he was awarded the Army Good Conduct Medal as he contends. This award is not shown on his DD Form 214. 4. He served a qualifying period for award of the National Defense Service Medal. His DD Form 214 does not show this medal. 5. Based on his service in Korea, he served a qualifying period for award of the Republic of Korea War Service Medal. His DD Form 214 does not show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012728 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012728 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2