PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 November 2002
	DOCKET NUMBER:   AR2002077657

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Melvin H. Meyer		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 he be awarded the Army Good Conduct Medal (AGCM).   

3.  The applicant states, in effect, that he served for 12 ½ years, and when he requested his medals, he was not provided the AGCM.  In support of his application, he provides copies of his discharge documents from 1945, 1947, 1949, and 1957. 

4.  A Request for Information (VA Form 3101-1), dated 10 April 1947, signed by The Adjutant General of the United States Army, confirms that the applicant was inducted and transferred to the Enlisted Reserve Corps on 22 November 1943.  It also verifies that he entered active duty on 13 December 1943, and that he continuously served in that status until being discharged on 30 October 1945 in order to enlist in the Regular Army (RA).  There is no derogatory information on file in the limited records that are available that would disqualify the applicant from receiving the AGCM for this period of active duty service.  

5.  On 31 October 1945, the applicant enlisted in the Regular Army, and he continued to serve on active duty for an additional 1 year and 3 months until being honorably discharged on 30 January 1947.  The separation document
(WD AGO 53-55) issued for this period of service confirms that he held the rank of corporal on the date of his discharge, and that he had earned the following awards and decorations during his tenure on active duty:  Combat Infantryman Badge; American Theater Ribbon; Asiatic-Pacific Theater Ribbon with 2 bronze service stars; Philippine Liberation Ribbon with 2 bronze service stars.  The record for this period of service contains no derogatory information that would have disqualified him from receiving the AGCM.  

6.  On 25 February 1948, the applicant reentered active duty in the Regular Army, and on 13 December 1949, he was honorably discharged for the purpose of immediate reenlistment.  The separation document (WD AGO 53) issued for this 1 year, 9 month, and 19 day period of active duty service shows that the applicant held the rank of sergeant on that date.  The applicant’s record for this period also contains no derogatory information that would have disqualified him from receiving the AGCM.  

7.  The applicant remained on active duty until 4 June 1957, at which time he was undesirably discharged based on undesirable habits and traits-misconduct.  The first recorded incident of misconduct recorded in the applicant’s record was an absent without leave (AWOL) period that began on 13 August 1951.  There was no derogatory information on file prior to that date.  However, after that date there is an extensive disciplinary history, which would have precluded award of the AGCM.

8.  On 28 September 1982, the Army Discharge Review Board (ADRB) reviewed the applicant’s case and upgraded his 4 June 1957 undesirable discharge to a general, under honorable conditions discharge.  The applicant was issued a new separation document (DD Form 214) based on this action.  This document confirms that he earned the following awards:  Combat Infantryman Badge; American Theater Ribbon; Asiatic-Pacific Theater Ribbon with 2 bronze service stars; Philippine Liberation Ribbon with 2 bronze service stars; Army of Occupational Medal-Germany; Marksman Qualification Badge with Carbine Rifle and Pistol Bars; and Sharpshooter Marksman Qualification Badge with Rifle Bar.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 4 prescribes the policy for award of the AGCM.  It states, in pertinent part, that it is authorized for each
3 years of qualifying honorable service completed on or after 27 August 1940.  However, for the first award only, a period of a period of 1 year served entirely during the period 7 December 1941 to 2 March 1946 is a qualifying period for the award.  The available evidence contains no indication that the applicant had committed any infractions that would have disqualified him from receiving the AGCM or that he was ever disqualified for the award by any of his unit commanders prior to June 1951.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should have received the AGCM, and it finds this claim has merit.  

2.  The evidence of record confirms that the applicant honorably served on active duty from 13 December 1943 through 30 January 1947.  Lacking any derogatory information on file that would have disqualified him, the Board concludes it would be appropriate to award the applicant the first award of the AGCM for the 3 year qualifying period from 13 December 1943 through 12 December 1946.  However, the Board finds that the applicant did not complete another qualifying period that would warrant a second or subsequent award of the AGCM.

3.  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 awarding the individual concerned the Army Good Conduct Medal for his period of qualifying active duty service from 13 December 1943 through 
12 December 1946; and by providing him a correction to his separation document that reflects this award. 

BOARD VOTE:  

JNS__  ___SVW___  __MHM  __ GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  ___John N. Slone___
		     CHAIRPERSON

INDEX

CASE ID	AR2002077657	
SUFFIX		
RECON		
DATE BOARDED	2002/11/19	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1957/06/04	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	Habits and Traits-Misconduct	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.