PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 AUGUST 2003                  
	DOCKET NUMBER:   AR2003087206

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Harry B. Oberg		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 award of the Army of Occupation Medal.  He states that he served in Germany for more than 1 year and needs the award in order to maintain membership in the Veterans of Foreign Wars organization.  In support of his request he submits a copy of his honorable discharge certificate from the United States Army Reserve and a copy of his 1965 separation document.

3.  Records available to the Board indicate that the applicant was inducted and entered active duty on 15 January 1964 and successfully completed training prior to being assigned to Germany as an automotive maintenance specialist in June 1964.

4.  The applicant was promoted to pay grade E-3 in December 1964 and in December 1965 he returned to the United States where he was released from active duty on 28 December 1965 with an honorable characterization of service.  His separation document indicates that he qualified as a marksman with the 
M-14 rifle, but does not reflect entitlement to any other awards or decorations.

5.  Army Regulation 600-8-22 states that the Army of Occupation Medal was established in 1946 and awarded for service in Europe between 9 May 1945 and 5 May 1955.

6.  Army Regulation 600-8-22 provides for award of the National Defense Service Medal to soldiers who had honorable active served between 1 January 1961 and 14 August 1974.

7.  Army Regulation 600-8-22 also provides that the Army 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 Army 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.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal.  There is also no evidence of any misconduct or disciplinary actions in the applicant's file.  His conduct and efficiency ratings throughout his military service were excellent.

CONCLUSIONS:

1.  Although the applicant may have served in Germany for more than a year, his service was not during the period for which the Army of Occupation Medal was awarded.  As such, he is not eligible for that award.

2.  However, the Board does note that the applicant is entitled to an award of the National Defense Service Medal, which was omitted from his separation document.

3.  The Board also notes that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 28 December 1965.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 15 January 1964 through 28 December 1965.

4.  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:

	a.  by awarding the individual concerned the Army Good Conduct Medal for the period 15 January 1964 through 28 December 1965; and

	b.  by showing that he is entitled to the National Defense Service Medal.

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

BOARD VOTE:  

__AAO __  __TL ___  __HBO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Arthur A. Omartian_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087206	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030828	
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.