IN THE CASE OF: BOARD DATE: 8 February 2022 DOCKET NUMBER: AR20200009404 APPLICANT REQUESTS: award of the Army Good Conduct Medal and the National Defense Service Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Congressional letter, 14 September 2020 * DD Form 214 (Report of Separation from the Armed Forces of the United States) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 item number 27 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the medals he qualified for. He earned the National Defense Service Medal for serving during the Korean War between the dates 27 June 1950 and 27 July 1954. He also qualified for the Army Good Conduct Medal for completing three years of honorable service from 19 August 1950 to 18 August 1953. He has an additional year of honorable service during the Korean War. His service records were destroyed in the fire at the National Military Records Center in Overland, MO on 12 July 1973. The only record he has is his DD Form 214. 3. The FSM'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 FSM'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 the case. 4. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show award of the National Defense Service Medal. 5. On 19 August 1950, the applicant enlisted in the Regular Army for 3 years. 6. On 18 August 1953, he was honorably discharged from active duty. His DD Form 214 shows he completed 3 years of active service. His DD Form 214 also shows in: * item 26 (Foreign and or Sea Service) – No entry * item 27 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – None * item 38 (Remarks) – No entry pertaining to his foreign service 7. His records are void of documentation showing his overseas service location, recommendations for his requested awards, or other documentation to substantiate the awards. 8. His available record is also void of a DA Form 20 (Enlisted Qualification Record) which would have listed his conduct and efficiency ratings. 9. By regulation (AR 600-8-22), 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. 10. By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service, 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 person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Board members agreed with the administrative notes to award him the NDSM. They also agreed that although his conduct and efficiency ratings are unknown, he served for 3 years and received an honorable discharge. He qualifies for award of the AGCM. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XX: XX: XX: 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, in addition to the corrections addressed in Administrative Note(s) below, by: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 19 August 1950 through 18 August 1953 * adding award of the National Defense Service Medal and Army Good Conduct Medal (1st Award) 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): A review of the applicant's records show he was awarded or authorized the National Defense Service Medal and the award is not listed on his DD Form 214. ? REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. 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. 3. By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service, 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 person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009404 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1