PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            26 June 2003
	DOCKET NUMBER:   AR2002079782

	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. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Lawrence Foster		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 records be corrected to show award of the Good Conduct Medal, the Army of Occupation Medal, the National Defense Service Medal, and any other awards and decorations he is entitled.

3.  The applicant states that as an overseas returnee with an early separation date, no awards or decorations were entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) at the time of his separation from active duty.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and consist of his DD Form 214.

5.  The available record shows that the applicant enlisted on 9 September 1954.  He served as a Combat Engineer with Company C, 17th Armored Engineer Battalion in Europe for 2 years, 6 months.  He was honorably separated from the Army on 22 August 1957, having served 2 years, 11 months and 13 days on active duty.

6.  There is no indication in the applicant’s personnel record that he was awarded any awards or decorations.  Block 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the entry “None.”

7.  There is no indication in the applicant’s personnel record 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.  There is no indication of indiscipline in his service personnel record and there is no evidence that the applicant had any lost time while on active duty.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  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 with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, credit for occupation duty during World War II.  This document shows Company C, 17th Armored Engineer Battalion received credit for occupation duty during World War II during the period 2 May to 31 October 1945.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

11.  A staff member of the Army Review Boards Agency conducted a review of unit records maintained at the National Archives in College Park, Maryland.  Review of these records did not reveal any General Orders authorizing the applicant additional personal awards or decorations.

CONCLUSIONS:

1.  The Board considered the applicant’s request to correct his military records to show award of the Army Good Conduct Medal, the Army of Occupation Medal, the National Defense Service Medal and any other awards and decorations to which he is entitled.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 9 September 1954 through 22 August 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 this award.

3.  Evidence of record shows that, while the applicant was assigned to Company C, 17th Armored Engineer Battalion, in Germany, he was not assigned to the unit during the period it qualified for occupation credit.  Therefore, the applicant is not entitled to award of the Army of Occupation Medal.

4.  Evidence of record shows that the applicant was not on active duty during a period the National Defense Service Medal was authorized for award. Therefore, the applicant is not entitled to award of the National Defense Service Medal.

5.  In view of the foregoing, findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the first award of the Good Conduct Medal.

2.  That so much of the application as pertains to award of the Army of Occupation Medal, the National Defense Service Medal and any additional awards or decorations is denied.

BOARD VOTE:  

___LF___  ___WTM_  __LE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002079782	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030626	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	130	
ISSUES         1.	107.0056.0000	
2.		
3.		
4.		
5.		
6.