MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:                      

	BOARD DATE:                        18 July 2000
	DOCKET NUMBER:               AR2000038417

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Ms. Margaret V. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That item 33 (Awards and Decorations) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was awarded the Good Conduct Medal.

APPLICANT STATES:  That his WD AGO Form 53-55 does not show the Good Conduct Medal for his period of service from 18 May 1942 to 3 September 1945.
In support of his application he submits a copy of his WD AGO Form 53-55.

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was recalled to active duty in the National Guard on 18 May 1942.  He served in the European-African-Middle Eastern Theater of Operations from 24 December 1942 to 28 August 1945 and was honorably discharged on 3 September 1945.

His discharge document does not show the Good Conduct Medal.

There is no indication in the available personnel records that he was awarded the Good Conduct Medal.  

The applicant’s WD AGO Form 53-55, which is authenticated in his own hand, shows in item 55 (“REMARK” section) the entry “27 Days Lost Under AW [Articles of War] 107”.

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.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  
Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Evidence of record shows that the applicant had 27 days of lost time which at the time in question was a disqualifying factor for award of the Good Conduct Medal. 

2.  In view of the applicant’s 27 days lost under the Articles of War and the absence of award of the Good Conduct Medal, the Board has determined that the applicant was properly denied award of the Good Conduct Medal.  In the absence of evidence to the contrary, the applicant is not entitled to award of the Good Conduct Medal. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

GDP____  EB______  MVT____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038417	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000718	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19450903	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  102		
2.  		
3.  		
4.		
5.		
6.