PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 March 2000                   
	DOCKET NUMBER:   AR1999034353

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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 item 28, Most Significant Duty Assignment of his DD Form 214 be corrected to show he was the sergeant major of the 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division.

3.  The applicant states that he was the sergeant major of the 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division and that was his most significant assignment.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from reconstructed records.

5.  The applicant was inducted into the Army on 30 September 1950.  He was promoted to Master Sergeant, E-7 (temporary) on 1 December 1951.  General Orders 86, Headquarters 1st Cavalry Division dated 16 February 1952 awarded him the Bronze Star Medal for meritorious service.  The citation to the award states in part “As battalion sergeant major, Sergeant ___ performed his duties in a conscientious and outstanding manner.”

6.  On 2 July 1952, the applicant was released from active duty.  He had completed 1 year, 9 months and 3 days of creditable active duty and had no lost time.  His DD Form 214, item 28 shows his most significant duty assignment as “HQ & HQ CO 9603 TSU.”

7.  Army Regulation 600-8-22 governs Army policy and criteria concerning individual military awards.  It states that the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

CONCLUSIONS:

1.  The Board accepts the applicant’s contention that his assignment to the 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division was his most significant duty assignment.  He should be aware, however, that only the unit of assignment is listed in item 27 of the DD Form 214, not the position of assignment.  The applicant must rely on the award citation to show he was the battalion sergeant-major. 

2.  The Board notes that the Bronze Star Medal is not listed on the applicant’s DD Form 214.

3.  The Board also concludes that the applicant met the criteria for award of the Army Good Conduct Medal.  Although his service records are not available to show what his conduct and efficiency ratings actually were, the Board concludes that he would not have been promoted to E-7, even as a temporary promotion, and made a battalion sergeant-major if those ratings had not all been “excellent.”

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal for the period 30 September 1950 through 2 July 1952.

2.  That the applicant’s DD Form 214 be amended by adding the Army Good Conduct Medal and the Bronze Star Medal to item 27; by deleting “HQ & HQ CO 9603 TSU” from item 28; and by adding “HQ & HQ CO 1st BN 7th CAV REGT, 1st CAV DIV” to item 28.

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

BOARD VOTE:  

__rgh___  __mdm___  __jps___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Robert G. Hinkle
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034353	
SUFFIX		
RECON		
DATE BOARDED	20000329	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	110.04	
3.	107.0056	
4.		
5.		
6.