PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 15 December 1999
	DOCKET NUMBER:        AR1999028668

	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:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Mark D. Manning		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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show an award of the Good Conduct Medal.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he served an initial period of active duty from 1 April 1947 until he was honorably discharged on 15 September 1948. After a break in service he reentered active duty on 31 May 1949 and served until he was honorably discharged as a sergeant on 20 August 1952.

5.  Neither of the applicant’s discharge documents show the Good Conduct as an authorized award.  There is no indication in available personnel records that the applicant was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  The applicant’s records show no indication of indiscipline or lost time.

6.  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 qualifying period is 3 years.  However, effective 27 June 1950, the qualifying period was modified to include a period of less than 3 years but more than one year when the period for the first award ended 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.  The applicant did not complete a three year period of qualifying service for award of the Good Conduct Medal during his first enlistment.

2.  The applicant completed a three year period of qualifying service during his second period of active duty.  The applicant is entitled to the first award of the Good Conduct Medal for the period 31 May 1949 through 30 May 1952 based on completion of a period of a three year period of qualifying service.  Therefore, he is entitled to correction of his records to show this award.

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 31 May 1949 through 30 May 1952.

BOARD VOTE:  

TNK_____  EB_____  MDM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Thomas N. Kuhn________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028668	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991215	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19480915/19520820	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.