PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                12 May 1999
	DOCKET NUMBER:        AR1998013334

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. James E. Anderholm		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Good Conduct Medal, the “ETO Medal” which is correctly named the European-African-Middle Eastern Campaign Medal, and the National Defense Service Medal.

3.  The applicant states that he earned these awards, but they were never put on his honorable discharge.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 13 September 1945.  He was discharged on 18 January 1946 and reenlisted in the Regular Army on 19 January 1946.  He served in the European Theater of Operations from 24 March 1946 to 29 April 1947 and was honorably discharged on 23 June 1947.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, or the National Defense Service Medal as authorized awards.

5.  The applicant’s records show that he had no lost time and was recommended for further military training at the time of his discharge.  

6.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

7.  Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. 

8.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

CONCLUSIONS:

1.  The applicant served honorably during the period 13 September 1945 to 23 June 1947, but this service did not qualify for the first award of the Good Conduct Medal due to the requirement for three years of qualifying service or one year of qualifying service between 7 December 1941 to 2 March 1946.  The Board found that failure to recognize the applicant’s conduct, efficiency and fidelity would be inequitable.  Therefore, the Board, as an exception to regulation, has determined he should receive the first award of the Good Conduct Medal for his service from 13 September 1945 to 23 June 1947.

2.  Evidence of record shows that the applicant arrived in the European Theater on 24 March 1946 after authority to award the European-African-Middle Eastern Campaign Medal had expired on 8 November 1945.  Therefore, he is not eligible for award of the European-African-Middle Eastern Campaign Medal.

3.  Governing regulation shows that the National Defense Service Medal was not authorized for award until 27 January 1950.  The applicant’s active duty ended on 23 June 1947.  Therefore, he could not complete qualifying service for award of the National Defense Service Medal and is not eligible for this award.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the first award of the Good Conduct Medal, as an exception to regulation, for the period 13 September 1945 to 23 June 1947.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

GDP____  AAO_____  JEA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		CHAIRPERSON

INDEX

CASE ID	AR1999013334	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990512	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19470623	
DISCHARGE AUTHORITY	AR 615-356	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR SCHNEIDER 	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.