PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             2 December 1998                 
	DOCKET NUMBER:   AC98-10300

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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 his records be corrected to show award of the Bronze Star Medal.

3.  The applicant states he was told by his unit first sergeant that he would be recommended for the Bronze Star Medal.  The applicant provides letters of support, annotated photographs and copies of command reports of the 38th Infantry Regiment for the period July, August and September 1953. 

4.  The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on                   3 November 1952.  He served in Korea for a period of 1 year, 3 months and     17 days.  He was honorably separated from active duty on 2 November 1955.

5.  There is no evidence that the applicant was entitled to or awarded the Bronze Star Medal.

6.  The Board notes the applicant is entitled to award of the Good Conduct Medal for the period 3 November 1952 to 2 November 1955.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years or the event or period of service and the award must be made within 3 years.

8.  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.

CONCLUSIONS:

1.  There is no evidence which shows the applicant is entitled to award of the Bronze Star Medal.

2. The Board noted his entitlement to award of the Good Conduct Medal for the period 3 November 1952 to 2 November 1955. 

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 the individual concerned was awarded the Good Conduct Medal for the period 3 November 1952 to 2 November 1955.

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

BOARD VOTE:  

RVO____  GDP____  JHK__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON