PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           10 August 2000     
	DOCKET NUMBER:   AR2000040590

	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. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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, in effect, award of the Army Commendation Ribbon with Pendant (now known as the Army Commendation Medal).  He states that he was recommended for the award but it apparently was never processed to conclusion as he never received the award.  In support of his request he submits a copy of the 1954 DA From 638 (Recommendation for Award-Meritorious Achievement or Service).  He states that he returned to the United States prior to the recommendation being finalized, which is why he believes he never received the award.

3.  Records available to the Board indicate the applicant entered active duty on 
4 December 1952 and served in Korea for 16 months where he was awarded the Korean Service Medal and the United Nations Service Medal.  

4.  According to the DA Form 638, submitted by the applicant, he was recommended for award of the Army Commendation Medal by his unit commander on 31 January 1954.  The recommendation notes the applicant "performed a superior job as a company clerk from 30 August 1953 until 
31 January 1954 while assigned as a corporal with the Tank Company, 179th Infantry.  The recommendation is not signed.

5.  On 12 October 1954 the applicant was honorably discharged from active duty as a corporal.  There is no evidence of any misconduct or less than honorable service.  At the time of his separation he had completed 1 year, 10 months and 
9 days of active Federal service. 

6.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

7.  Army Regulation 600-8-22 also 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.  While there is no evidence which confirms the final disposition of the applicant's award recommendation, there is sufficient evidence that he served honorably while in Korea and as such, in the interest of justice it would be appropriate to recognize that service by award of the Army Commendation Medal for the period 20 August 1953 through 31 January 1954.

2.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 12 October 1954 when he was honorably discharged from active duty.  There is no evidence in the applicant's available file which would serve as a basis to deny him that award.  As such the Board concludes it would be appropriate to award him the Army Good Conduct Medal for the period 4 December 1952 through 12 October 1954.

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:

	a.  by awarding the individual concerned the Army Commendation Medal for the period 30 August 1953 through 31 January 1954 for his meritorious service as a company clerk with the Tank Company, 179th Infantry Regiment; and

	b.  by awarding him the Army Good Conduct Medal for the period 
4 December 1952 through 12 October 1954.

BOARD VOTE:  

___mdm__  __js____  __kah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000040590	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000810	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.