PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           27 November 2001
	DOCKET NUMBER:   AR2001060468

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		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 he be awarded the American Campaign Medal (ACM).

3.  The applicant states, in effect, that his time served within the American Theater makes him eligible for the ACM.  In support of his application, he provides a copy of his separation document (WD AGO Form 53-55). 

4.  The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55. 

5.  The applicant’s separation document shows that he entered the Army on 
26 July 1945 and continuously served on active duty until being honorably separated on 3 March 1947.  He served in the American Theater for 7 months and overseas for 1 year and 8 days.  His was separated in the rank of sergeant and his awards include the Army of Occupation Medal-Germany and the World War II Victory Medal.  

6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the ACM for qualifying service in the American Theater between 
7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the Continental United States; duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days; duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days; participation in active combat and award of a combat decoration; a certificate by a corps commander or higher; or service within the continental United States for an aggregate period of one year.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) 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 after service of 1 year.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1.  The evidence of record confirms the applicant’s honorable service in the American Theater and overseas from 26 July 1945 to 3 March 1947 entitles him to award of the ACM and the GCMDL.  Thus, the Board finds it would be appropriate to add these awards to the applicant’s record at this time.

2.  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, particularly the WD AGO Form 53-55 of the individual concerned, be corrected by showing that he was awarded the American Campaign Medal and the Good Conduct Medal.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060468	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/29	
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.		
2.		
3.		
4.		
5.		
6.