PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           28 February 2002
	DOCKET NUMBER:   AR2001061924

	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	
	Ms. Celia L. Adolphi		Member	
	Mr. John T. Meixell		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 changed to reflect his current name.

3.  The applicant states, in effect, that he would like the name recorded in his military records corrected to reflect his proper name.  In support of his application, he provides copies of the following documents:  birth certificate; separation document (WD AGO Form 53-55); and social security card.

4.  The applicant’s military records show he was inducted into the Army of the United States on 28 June 1945, and that he continuously served on active duty for 1 year, 5 months, and 9 days until being honorably separated on 6 December 1946.  It also shows that during his active duty tenure he was awarded the Army of Occupation Medal and the World War II Victory Medal.  

5.  The name recorded in the applicant’s induction contract, the service record created upon his entry on active duty, and in the documents prepared and published throughout his active duty service is consistent with the one recorded on his WD AGO Form 53-55.

6.  The applicant’s records and MPRJ contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served.  

7.  Army Regulation 600-8-22 (Military Awards) provides that the AGCM 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 normally 3 years; however, for the first award only a period of 1 year or more is a qualifying period at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

CONCLUSIONS:

1.  The Board notes and understands the applicant’s desire to have the name recorded in his military records corrected.  However, there is no evidence of record or independent evidence that suggests the name recorded in his military record exhibits a material error or injustice.  

2.  Further, the Board finds an insufficient evidentiary basis to conclude that the applicant has or would suffer an injury or injustice as a result of the Army maintaining its record with the name under which he served.

3.  The applicant was inducted, served, and was honorably separated from the Army under the name currently listed in his military records and the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While the Board understands the applicant’s desire to have the name recorded in his record changed, it finds no compelling reason for compromising the integrity of the Army’s records at this time. 

4.  The Board wishes to advise the applicant that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and on his birth certificate and it should satisfy his desire to have his correct name documented in his military records. 

5.  The evidence of record does confirm that the applicant served a qualifying period of service that entitles him to receive the AGCM.  Given his record is void of any derogatory information or of a specific disqualification recommendation from any of the unit commanders for which he served, the Board concludes it would be appropriate to add the AGCM to his record at this time.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that he was awarded the Army Good Conduct Medal for his honorable service for the period 28 June 1945 to 6 December 1946, and by providing him a corrected separation document that includes this award.

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

BOARD VOTE:  

__RVO__   _ _CAL__  __JTM     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     __Raymond V. O'Connor__
		             CHAIRPERSON

INDEX

CASE ID	AR2001061924	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/28	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.