ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 March 2019 DOCKET NUMBER: AR20170015394 APPLICANT REQUESTS: award of the Army Good Conduct Medal and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show it. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * WD AGO Form 702 (Clearance Certificate 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 this award was overlooked upon his separation. He presents to this Board a Clearance Certificate (WD AGO Form 702) that shows he was favorably considered for this medal. 3. 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 his 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. 4. Review of the applicant’s available service records shows: a. He enlisted in the Regular Army on 1 March 1950. b. He was honorably discharged on 28 February 1953. His DD Form 214 shows: * he completed 3 years of continuous active service and he had no lost time * he completed 1 year, 1 month, and 14 days of foreign service (presumably in Korea) * he was awarded or authorized the Korean Service Medal with 3 bronze service stars, Combat Infantryman Badge, and United Nations Service Medal 5. He provides a WD AGO Form 802 that shows his conduct and efficiency ratings were excellent and he was favorably considered for award of the Army Good Conduct Medal. 6. By regulation the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active military service. A Soldier's conduct and efficiency ratings must have all been recorded as “excellent” or higher. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that relief was warranted. Based upon the service record of the applicant, the Board found awarding the Good Conduct Medal was appropriate. 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 (1st Award) for service during the period 1 March 1950 through 28 February 1953 * Adding to his DD Form 214 the Army Good Conduct Medal (1st Award) Additionally, prior to closing the case, the Board noted the administrative notes reflected below which show additional corrections. The Board recommends making those corrections as well. 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): A review of the applicant's records shows he is authorized to additional awards not listed on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 28 February 1953 by adding the: * National Defense Service Medal based on active duty service between 27 July 1950 and 27 July 1954 * Republic of Korea War Service Medal based on service in Korea between 25 June 1950 and 27 July 1953. 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. 3. 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. 4. Army Regulation 600-8-22 states 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. ABCMR Record of Proceedings (cont) AR20170015394 3 1