PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 May 2000                   
	DOCKET NUMBER:   AR1999034851

	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. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		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 in effect, award of the Good Conduct Medal (GCM).

3.  The applicant states in effect, that when he was a noncommissioned officer he was not informed that he was eligible to received the GCM.  He served on active duty from 7 July 1939 to 9 December 1942.

4.  The applicant’s military records show that he enlisted in the Regular Army
on 7 July 1939, for 3 years.  On 9 December 1942, the applicant was honorably discharged from enlisted status.  He completed 3 years, 5 months and 3 days of creditable enlisted active duty service.

5.  There is no evidence in the available records that shows he was awarded the Good Conduct Medal.  There is also no evidence that the applicant was disqualified by his unit commander for the award of the Good Conduct Medal.  There is no evidence of derogatory information contained in the available records.

6.  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.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1.  The evidence of record shows that the applicant is entitled to the first award of the Good Conduct Medal for the period 7 December 1941 to 9 December 1942, based on completion of a period of qualifying service ending with the termination of a period of federal military service.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by: 

     a.  awarding the applicant the GCM for the period 7 December 1941 to
9 December 1942; and

     b.  correcting the applicant’s WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) to show that he was awarded the GCM.

BOARD VOTE:  

__eja___  __ewl___  __klw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Elzey J. Arledge, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034851	
SUFFIX		
RECON		
DATE BOARDED	20000525	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0056	
2.		
3.		
4.		
5.		
6.