ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  22 February 2019

	DOCKET NUMBER:  AR20170000130


APPLICANT REQUESTS:  award of the Army Good Conduct Medal.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* National Personnel Records Center (NPRC) Response
* Army Good Conduct Medal criteria

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states the Army Good Conduct Medal was omitted from his DD Form 214 and he would like to add the Army Good Conduct Medal to his discharge.

3.  The applicant provides:

	a.  A response from NPRC, dated 11 March 2015, which shows they authorized and shipped the following awards based on the documents provided by the applicant:

* Good Conduct Medal
* Army of Occupation Medal with Germany Clasp
* National Defense Service Medal
* Expert Badge with Carbine Bar

	b.  A webpage pertaining to the criteria for the Army Good Conduct Medal, which states, in pertinent part, that the criteria was amended by Executive Order 9323 to authorize award for candidates having three years of service after 7 December 1941 or one year of service while the United States was at war.

4.  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 NPRC in 1973.  It is believed that his records were lost or destroyed in that fire.  However, the DD Form 214 and DD Form 230 (Service Record) were remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

	a.  He enlisted in the Regular Army on 25 January 1951.

	b.  He served in Germany from 22 January 1952 to 23 December 1953.

	c.  Section 17 (Indorsements) of his DD Form 230 shows “unknown” and “excellent” character and efficiency ratings.  His record is void of derogatory information or record of a trial by court-martial.

	d.  He was honorably discharged on 16 January 1954 in the rank of corporal.  His DD Form 214 shows he completed 2 years, 11 months, and 22 days of active service with no lost time.  It also shows he was awarded or authorized the National Defense Service Medal and Occupation Medal.

5.  By regulation, the Army Good Conduct Medal could be awarded, 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, except that ratings of “Unknown” for portions of the period were not disqualifying.  There must have been no convictions by court-martial.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief.  The Board agreed the applicant’s service record shows he met Army regulatory criteria to receive the AGCM.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: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 awarding him the Army Good Conduct Medal (AGCM) (1st Award) for the period of service 25 January 1951 – 16 January 1954, and adding the AGCM to his DD Form 214.


	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  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.


ABCMR Record of Proceedings (cont)	 AR20170000130


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