MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 March 2000
	DOCKET NUMBER:   AR1999031550

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Roger Able		Member	
	Mr. James E. Anderholm		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be awarded the Army Good Conduct Medal (AGCM).

APPLICANT STATES:  In effect, that given his honorable active duty service, he believes he is entitled to the AGCM. 

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s military records show that he was inducted into the Army of the United States on 21 November 1944, and that he served on active duty continuously until being honorably discharged on 4 August 1945, by reason of disability.  

The applicant’s official military records were not available for review by this Board.  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.  There was, however, a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).

The WD AGO 53-55 documents that the applicant was discharged on 4 August 1945, under the provisions of Army Regulation 615-361, by reason of Certificate of Disability.  The form also shows that the applicant had only served a total of 
8 months and 13 days of active duty at the time of his separation.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Chapter 4, Section 1, contains the criteria for the award of the AGCM.  The AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953.  It is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each soldier who distinguishes himself or herself from among his or her fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  

Paragraph 4-5 identifies qualifying periods of service for awarding the AGCM.  The qualifying period of service for award of the AGCM, during the time of the applicant’s service, for the first award only was 1 year served entirely during the period 7 December 1941 to 2 March 1946.  There were no exceptions made during this period to award the AGCM to soldiers prior to completing 1 year of active service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  While the Board understands, based on his honorable service, why the applicant feels entitled to the AGCM.  However, after carefully examining the available evidence and the independent evidence submitted by the applicant, the Board concluded there is no basis for relief.

2.  Army policy, during the applicant’s tenure of service, was that the AGCM would be awarded based on a member serving at least 1 year entirely during the period 7 December 1941 to 2 March 1946.  There were no exceptions for soldier’s separating for disability prior to completing the minimum 1 year of service required.  The evidence of record shows that the applicant completed only 8 months and 13 days of active military service; thus, he did not qualify for the AGCM.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___slp___  __ja ____  ___ra ___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031550	
SUFFIX		
RECON		
DATE BOARDED	2000/03/23	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/08/04	
DISCHARGE AUTHORITY	AR 615-361	
DISCHARGE REASON	Disability 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 102	107.0056	
2.		
3.		
4.		
5.		
6.