PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           7 October 1998                   
	DOCKET NUMBER:   AC98-10017

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. James E. Vick		Member	
	Mr. Luther L. Santiful		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 American Campaign Medal and the Good Conduct Medal.

3.  The applicant states that he earned the medals during his active duty service and they were omitted from his WD AGO Form 53-55 (Enlisted Record and Report of Separation). 

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant was inducted on 17 July 1945.  He trained as a rifleman and was honorably discharged on 1 February 1946 for the convenience of the Government to enlist in the regular Army.  He enlisted on 2 February 1946 and served as a military policeman in the European Theater of Operations from 9 April 1946 until 1 August 1946.  He was separated with an honorable discharge on 16 March 1947.    

5.  The applicant’s WD AGO Form 53-55 does not show the American Campaign Medal or the Good Conduct Medal as authorized awards.

6.  There is no evidence in the applicant’s records that show he met the requirements for a qualifying period of service for award of the American Campaign Medal.

7.  There is no evidence of record that the applicant was recommended for or received the first award of the Good Conduct Medal.  There also is no indication in the available records that he was disqualified from receiving this award.

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

9.  Army Regulation 600-8-22 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. 

CONCLUSIONS:

1.  There is no evidence available to the Board, and the applicant has provided no evidence, that shows he served a period of qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Therefore, he is not entitled to this award.  

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period of 2 February 1946 through 16 March 1947 based on completion of a period of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his military records to show this award.  

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the first award of the Good Conduct Medal for the period of 2 February 1946 through 16 March 1947.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON