PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            20 June 2000       
	DOCKET NUMBER:   AR1999030245

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz Jr.		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, correction of Item 1 on his DD Form 
214 (Report of Separation from the Armed Forces of the United States) to show his current name change and correction of Item 27 to show that he was awarded the Good Conduct Medal.

3.  The applicant states in effect, that he is requesting that his name be corrected to read John O. O……. vice “O….” John O…....Jr.  In support of his applications he submits a copy his DD Form 214 and a copy a court decree granting the name change.

4. The applicant’s military records show that he was born on 1 October 1930, and that his birth name was O…. John O…….Jr.  On 1 February 1952, he enlisted in the Army of the United States for a period of 3 years.

5.  Further, his DD Form 4 (Enlistment Record), dated 1 February 1952, shows that he enlisted as O…. John O…….Jr.

6.	On 31 January 1955, the applicant was honorably discharged under the 
provisions of Army Regulation 615-363, at the expiration of his term of service.  He had completed 3 years of active military service.  His DD Form 214, in 
Item 1 (Last Name, First Name, Middle Name) shows his name as O……., O…. John Jr.  His record contains no recorded indisciplines.

7.  The applicant’s DD Form 214 shows that he was awarded the National Defense Service Medal, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the Republic of Korea Presidential Unit Citation, and an Overseas Service Bar.  The Good Conduct Medal is not shown as an authorized award.

8.	On 4 August 1989, the Circuit Court of the Fairfax County, Virginia 
issued a change in his name from O…. John O…….Jr. to John O. O……..

9.  Army Regulation 600-8-22 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.  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 Good Conduct Medal, disqualification must be justified.  

10.  Army Regulation 635-5, specifies that a DD Form 215 (Correction to DD Form 214) will be utilized to issue corrections to the DD Form 214, once issued.  

11.  Other Army regulations specify that a DD Form 1343 (Notification of Change in Service Member’s Official Records) will generally be issued to identify correction to other documents in the official military personnel file.  The document will also be issued to other appropriate governmental agencies to correct their records.

CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained in those records should reflect the names and facts that existed at the time the records were created.

2.  In the applicant's case, the records created in 1952 reflect the correct name under which military service was performed.

3.  In the absence of any evidence of material error or injustice, the applicant's name as shown on his military records should not be changed.

4.  The available records contain no justification for denying the applicant the 
Good Conduct Medal for the period of service from 1 February 1952 through 
31 January 1955.  

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) which shows that he was issued the Good Conduct Medal for the period of service from 1 February 1952 through 31 January 1955.  

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

BOARD VOTE:  

__vbc___  __jea___  __ewl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Van B. Cunningham___
		        CHAIRPERSON

INDEX

CASE ID	AR1999030245	
SUFFIX		
RECON		
DATE BOARDED	20000620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	19520201	
DISCHARGE AUTHORITY	AR615-363	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION		
REVIEW AUTHORITY	DASA	
ISSUES         1.	100.0100	
2.	144.9203	
3.		
4.		
5.		
6.