PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            30 October 2003                 
	DOCKET NUMBER:   AR2003089636

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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 that he be awarded the Army Good Conduct Medal (AGCM).  

3.  The applicant states, in effect, that he served honorably from February 1952 through January 1954 and that he deserves to receive the AGCM.  He claims that it would be unjust for him to be denied this award to which he is entitled because his record was destroyed in a fire for which he was not responsible.  The applicant claims that he has already been issued two awards by the Army and he would like to add the AGCM to these awards that he will pass on to his grand children.  In support of his application, he provides a copy of his separation document (DD Form 214) and an Authorization for Issuance of Awards (DA Form 1577).   

4.  The applicant’s case was previously considered and administratively closed without referral to the Board based on the lack of military records on 10 March 2003.  

5.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

6.  The available evidence includes copy of the applicant’s DD Form 214 that 
was issued to him upon his release from active duty (REFRAD) on 26 January 1954.  This document confirms that he completed 1 year, 11 months, and 
13 days of creditable honorable active military service during this enlistment, and that he held the rank of corporal (CPL) on the date of his separation. 

7.  The applicant’s DD Form 214 also shows that during his tenure on active duty, he earned the Army of Occupational Medal with Germany Clasp and the National Defense Service Medal.  Further, the remarks section of this document contains an entry confirming that the applicant had no lost time during the enlistment.  

8.  The applicant provides a copy of an Authorization for Issuance of Awards 
(DA Form 1577), dated 26 August 2002, issued by National Personnel Records Center, St. Louis, Missouri.  This document authorized the issue of the Army of Occupation Medal with Germany Clasp and the National Defense Service Medal to the applicant.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 4 prescribes the policy for award of the AGCM.  It states, in pertinent part, that it is authorized for each 
3 years of qualifying honorable service completed on or after 27 August 1940, however, for the first award only, a period of more than one year is a qualifying period if the award is issued at the termination of a period of Federal service.  While there is no automatic entitlement to the AGCM, disqualification must be justified.  

CONCLUSIONS:

1.  By regulation, the a period of more than one year is a qualifying period for the AGCM if the award is issued at the termination of a period of Federal service.  While there is no automatic entitlement to the AGCM, disqualification must be justified.  

2.  The evidence of record confirms that the applicant had completed more than one year of honorable active duty service on the date he was separated from active duty on 26 January 1954.  

3.  The applicant’s separation document confirms he was honorably separated and that he had no lost time during the enlistment.  Further, there are no other documents on file that contain derogatory information or a disqualification from any of his active duty unit commanders that would have precluded him from receiving the AGCM.  As a result, it is appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 14 February 1952 through 26 January 1954.  

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error or rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the first award of the Army Good Conduct Medal, for his honorable period of qualifying active duty service from 14 February 1952 through 26 January 1954; and by providing him a corrected separation document that includes this award.  

BOARD VOTE:

__CLG__  __EL___  __LB __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Curtis L. Greenway
		  CHAIRPERSON

INDEX

CASE ID	AR2003089636	
SUFFIX		
RECON		
DATE BOARDED	2003/10/	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1954/01/26	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	ETS	
BOARD DECISION	Grant 	
REVIEW AUTHORITY		
ISSUES         1.  102	107.0056	
2.		
3.		
4.		
5.		
6.