PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              17 December 1998
	DOCKET NUMBER:      AC98-11187
				      AR1998013475

	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:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Kenneth L. Wright		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.

3.  The applicant states he was honorably discharged as a corporal to accept a commission in 1943.  In support of his application, he submits copies of his discharge documents and he also submits letters of explanation regarding recommendations for award of the Silver Star and/or award of the Bronze Star Medal for actions during the Korean War on or about 30 July 1950 and 24 November 1950.

4.  Records available to the Board were obtained from alternate sources and show the applicant served in an enlisted status from 13 June 1943 to 12 June 1944 and was separated to accept a commission.  He served as a commissioned officer until his retirement in September 1968.

5.  Evidence of record shows the applicant served for one year in an enlisted status and then was discharged for the purpose of accepting a commission.  There is no evidence the applicant was awarded the Good Conduct Medal and there is no evidence which shows the chain of command disqualified him from receiving the Good Conduct Medal.  

6.  The Board notes the information submitted by the applicant regarding the lost recommendations for award of the Silver Star and the Bronze Star Medal.  The Board also noted the 30 March 1952 letter from the Commander of the 35th Infantry Regiment stating the 35th Infantry Regiment log book indicated that a recommendation for award pertaining to applicant was submitted on 16 December 1950, but was not forwarded to the Division Headquarters and was subsequently lost due to the “tactical situation”.

7.  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.  Paragraph 4-7 of the regulation also provides that discharge from enlisted status of at least one year for immediate entry on active duty in an officer status is considered termination of service for awarding the Good Conduct Medal.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war 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 of the event or period of service and the award must be made within 3 years.  

10.  The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal for the period 13 June 1943 to 12 June 1944 based on completion of a period of qualifying service ending with the termination of a period of Federal military service in an enlisted man to accept a commission and enter on active duty as an officer.  Therefore, he is entitled to correction of his records to show this award.

2.  The Board has carefully considered the information regarding the recommendation for an award for the applicant which was lost during the Korean War.  In the absence of a copy of the original recommendation for award or evidence of record showing the specific award for which the applicant was recommended, the Board recommends the applicant gather the necessary documentation and submit a request for award under the provisions of the FY96 NDAA. 

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

RECOMMENDATION:

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 

for the period 13 June 1943 to 12 June 1944 and by correcting his records to show this award.

BOARD VOTE:  

KLW___  MHM_____  KLW____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC9811197/AR1998013475	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998/12/17	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.