PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           30 January 2001
	DOCKET NUMBER:   AR2000046698

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Brenda F. Hirschi 		Member	
	Mr. Thomas E. O’Shaughnessy		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, that his military records be corrected to show award of the Good Conduct Medal and the Republic of Korea War Service Medal.

3.  The applicant states, in effect, that his record is clean with no disciplinary actions.  In support of his application, he submits a copy of a letter, dated 
11 August 2000, from the Review Boards Agency in St. Louis, Missouri; Privacy Act of 1974 information; a copy of transfer orders dated 8 June 1953 and 
23 June 1953; a personal letter, dated 1 July 2000; a copy of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) and a copy of DA Form 1577 (Authorization for Issuance of Awards) dated 21 March 2000.        

4.  The applicant’s request for the issuance of the Republic of Korea War Service Medal will be addressed by separate correspondence to the applicant. 

5.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant was inducted on
28 September 1951.  He served as an infantryman in Korea and was released from active duty on 9 June 1953 and transferred to the USAR.

6.  The applicant’s DD Form 214 (Report of Separation From the Armed Forces of the United States), which was authenticated in his own hand, does not show the Good Conduct Medal as an authorized award.

7.  There is no evidence in the available records that shows the applicant was considered for the first award of the Good Conduct Medal.  
 
8.  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.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 28 September 1951 to 9 June 1953 ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his military records to show this award. 

2.  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 by showing that the individual concerned was awarded the first award of the Good Conduct Medal for the period 28 September 1951 to 9 June 1953. 

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

BOARD VOTE:  

AAO____  BFH_____  TEO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2000046698	
SUFFIX		
RECON		
DATE BOARDED	20010130	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530609	
DISCHARGE AUTHORITY	AR 615-363-5  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.