PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               10 November 1998               
	DOCKET NUMBER:      AC98-08981

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene E. Wheelwright		Member	
	Ms. Margaret K. Patterson		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 that his records be corrected to show his entitlement to award of the Good Conduct Medal, the Army of Occupation Medal (Germany), and the National Defense Service Medal.  In addition, he requests his service number be changed.

3.  The applicant states that his Army of Occupation Medal (Germany) was lost in a fire and that the others were never received.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records which show that he enlisted on 14 September 1948.  He served overseas for a period of 3 years, 3 months and 18 days and the exact dates are not identified.  All evidence shows his overseas assignment was in Germany.  His DD Form 214 (Report of Separation from the Armed Forces of the Untied States), dated 25 June 1952, shows his entitlement to award of the Army of Occupation Medal for Germany, and will not be further addressed.

5.  There is no evidence that the applicant was awarded the first award of the Good Conduct Medal.  There also is no evidence that the applicant was disqualified from receiving this award.  His conduct and efficiency are not available throughout his service; however, the Board notes he was promoted to the rank of corporal and there is no derogatory information available. 

6.  On 23 February 1995, the applicant was advised by the Commander, Army Reserve Personnel Center to forward copies of his enlistment and separation documents, in support of his claim to change his service number.

7.  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.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

8.  Army Regulation 600-8-22 (Military Awards) 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.  Evidence shows his entitlement to award of the Good Conduct Medal and the National Defense Service Medal.

2.  There is insufficient evidence to justify the change of his service number.  The applicant, after being advised to provide documentation to support his claim, failed to do so.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing his entitlement to award of the Good Conduct Medal and the National Defense Service Medal.

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

BOARD VOTE:  

CMF____  IEW____  MKP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON