PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 March 2002
	DOCKET NUMBER:   AR2001065935

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, 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, that his military records be corrected to show he held the rank of Technician 5th Grade (TEC 5) at the time of his discharge. 

3.  The applicant states, in effect, that he held the rank of TEC 5 at the time of his separation and that his separation document (WD AGO Form 53) incorrectly shows his rank as private first class (PFC).  In support of his application, he submits copies of medical treatment records that show he held the rank of 
TEC 5 at the time he was treated.  

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s WD AGO Form 53.  

5.  The applicant’s WD AGO Form 53 shows that he entered the Army on 
9 August 1946, and that he continuously served on active duty for 3 years, 
1 month, and 5 days until being honorably separated on 13 September 1949.  This document also shows that he was trained and served as a printer and that he served overseas for 1 year, 11 months, 24 days.  It also shows that during his active duty tenure he earned the World War II Victory Medal and the Army of Occupation Medal.  

6.  Item 3 (Grade) of the applicant’s WD AGO Form 53 contains the entry PFC, which indicates he held that grade on the date of his separation.  Item 38 (Highest Grade Held) contains the entry Grade V/PFC, which indicates this was the highest grade he held while serving on active duty.  

7.  The medical treatment records, dated in 1947 and 1948, do indicate the applicant held the rank of TEC 5.  However, on 1 August 1948, the enlisted grade structure of the Army was revised and the rank of TEC 5 was converted to PFC.  

8.  The applicant’s file contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served during his tenure on active duty.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) 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.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his separation document should be corrected to show his rank as TEC 5.  However, it finds no error or injustice related to the PFC rank entries in Items 3 and 38 of his separation document.  Although he held the rank of TEC 5 during his tenure on active duty, the PFC entries in his separation document are correct based on the Army’s 
1 August 1948 change to the enlisted rank structure.  Therefore, the Board is compelled to deny this requested relief. 

2.  The available evidence does verify that the applicant served a qualifying period of service that entitles him to receive the AGCM.  Therefore, lacking any derogatory information on file that would disqualify him from receiving the award or a formal disqualification from any of the unit commander’s for which he served, the Board concludes it would be appropriate to award him the AGCM at this time.

3.  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 awarding the individual concerned the Army Good Conduct Medal for his honorable active military service from 9 August 1946 to 13 September 1949; and by providing him a corrected separation document that reflects this change.  

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

BOARD VOTE:  

__SLP__  __SK __  __EJA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		         __Shirley L. Powell__
		             CHAIRPERSON

INDEX

CASE ID	AR2001065935	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/19	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief)	
REVIEW AUTHORITY		
                       1. 	100.00	
2.		
3.		
4.		
5.		
6.