PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            27 April 2000
	DOCKET NUMBER:   AR1999034312

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Kenneth L. Wright		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 Good Conduct Medal, the Korean Occupation Medal, and the “sharpshooter medal”.

3.  The applicant made no statement regarding these awards.

4.  The applicant’s military records show that he entered active duty on 29 December 1954 and completed training as a field artillery crewman.  He served in Korea from 16 January 1956 to 10 March 1957 and was honorably discharged on 12 December 1957.

5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the entry “NONE” in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his service and there is no indication of indiscipline in his records.

7.  The applicant requests award of the Korean Occupation Medal, but there is no such medal listed in the Army awards regulation.  The awards regulation does list the Korean Service Medal and the Army of Occupation Medal for service in Korea; however, there is no evidence in the applicant’s service personnel records that he was awarded or qualified for either of these awards.

8.  The applicant requests award of the “sharpshooter medal”.  His WD AGO Form 24 (Service Record) shows in Section 9 (Medals, Decorations and Citations) that he was awarded the Marksman Marksmanship Badge for qualifying on the Rifle on 8 November 1957 and the Carbine on 7 November 1957.  His records do not show that he qualified as a Sharpshooter or Expert on any weapon during his service.

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 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.
11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal for Korea, the service must have occurred between 3 September 1945 and 29 June 1949, inclusive.

12.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1.  The applicant is entitled to the first award of the Good Conduct Medal for the period 29 December 1954 through 12 December 1957 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show the first award of the Good Conduct Medal.

2.  Records show the applicant served in Korea from 16 January 1956 to 10 March 1957.  This period of service is not within the dates of eligibility for award of the Korean Service Medal (27 June 1950 to 27 July 1954) or award of the Army of Occupation Medal for Korea (3 September 1945 to 29 June 1949). Therefore, the applicant is not entitled award of either the Korean Service Medal or the Army of Occupation Medal for Korea.

3.  The applicant’s service personnel records show that he qualified as a Marksman on the Rifle and Carbine.  As a result, he is entitled to award of the Marksman Marksmanship Badge with the Rifle Bar and the Carbine Bar and he is entitled to correction of his records to show this qualification badge.

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 by showing the individual concerned was awarded the Good Conduct Medal for the period 29 December 1954 through 12 December 1957 and the Marksman Marksmanship Badge with Rifle Bar and Carbine Bar.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034312	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000427	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19571212	
DISCHARGE AUTHORITY	AR 635-250	
DISCHARGE REASON	TRANSFER TO USAR	
BOARD DECISION	GRANT)	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.