PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 14 April 1999                  
	DOCKET NUMBER:         AR1999022094

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show all appropriate awards that he is entitled to in item 27 and in item 26 to show his additional overseas tour in Germany.

3.  The applicant states, in effect, that he was awarded the National Defense Service Medal, the Army of Occupation Medal with Germany and Japan Clasp, the United Nations Service Medal, and the Medal of Humane Action; however, these medals are not listed on his DD Form 214.  He also states that his overseas service in Germany is not listed in item 26 of his DD Form 214.  He further states that the Good Conduct Medal was not issued or listed on his
DD Form 214.  In support of his application he submits a copy of his WD AGO 53-280 (Certificate of Service) and a copy of his DD Form 214.

4.  The applicant’s military records show he enlisted on 28 September 1948 as a clerk typist.  He served in Germany from 4 February 1949 to 7 December 1949 and was honorably discharged on 19 December 1949.  

5.  After a break in service, he reenlisted on 22 October 1950.  He served in Japan from and 5 January 1951 to 7 October 1951 and was honorably discharged on 13 October 1951.

6.  The applicant’s WD AGO 53-280, dated 19 December 1949, shows that he was awarded the Army of Occupation Medal with Germany Clasp and the Berlin Air Lift Device.  His DD Form 214 dated 13 October 1951 shows that he was awarded the Korean Service Medal.

7.  A Department of the Army Authorization for Issuance of Awards, dated 7 November 1952, shows the Office of the Adjutant General, determined the applicant was entitled to the Army of Occupation Medal with Japan Clasp, the Medal of Humane Action, and the United Nations Service Medal.

8.  A DA Form 1577 (Authorization for Issuance of Awards), dated 3 December 1959, shows the Office of the Adjutant General, determined the applicant was entitled to the National Defense Service Medal.

9.  The Board notes that the applicant is entitled to the first award of the Good Conduct Medal which is not shown on his DD Form 214.

10.  There is no indication in the applicant’s personnel records that show he was awarded the Good Conduct Medal.  There also is no evidence that the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  However, his records show that he received excellent conduct and efficiency ratings during his entire period of service.  There is no evidence of derogatory information contained in the available records.
11.  A review of the applicant’s WD AGO Form 24A (Service Record) shows that he served in Germany from 4 February 1949 to 7 December 1949 (10 months, and 4 days) during his first enlistment and in Japan from 5 January 1951 to 7 October 1951 (9 months, and 3 days) during his second enlistment.

12.  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.  

13.  Army Regulation 635-5 provides instruction for the preparation of the DD Form 214.  It states, in pertinent part, that item 26 will be completed to show the amount of foreign service completed during the period covered by the DD Form 214.

CONCLUSIONS:

1.  Evidence of record shows that he was awarded the Army of Occupation Medal with Japan Clasp, the Medal of Humane Action, the United Nations Service Medal, and the National Defense Service Medal.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 28 September 1948 to 19 December 1949 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant is entitled to correction of his records to show this award. 

3.  The applicant’s overseas credit performed during his second enlistment as depicted by his DD Form 214 dated 13 October 1951 is correct.  Therefore, there is no basis to correct that portion of his records.

4.  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:

	a.  by showing in item 27 of his DD Form 214 that he was awarded the Army of Occupation Medal with Japan Clasp, the Medal of Humane Action, the United Nations Service Medal, the National Defense Service Medal; and

	b.  by showing in item 27 of his DD Form 214 that he was awarded the Good Conduct Medal for the period 28 September 1948 to 19 December 1949.

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

BOARD VOTE:  

KLW_____  AAO____  TBR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Karen L. Wolff________
		CHAIRPERSON

INDEX

CASE ID	AR1999022094	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19511013	
DISCHARGE AUTHORITY	AR 615-365 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.107		
2. 100		
3.		
4.		
5.		
6.