PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 May 2003                    
	DOCKET NUMBER:   AR2002081948

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Roger W. Able		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Good Conduct Medal, the American Campaign Medal, the Combat Infantryman Badge and the Honorable Service Lapel Button.  He also requests, in effect, that his WD AGO Form 53-55 be corrected to show his rank as corporal.  

3.  The applicant states, in effect, that these awards are not shown on his discharge document.  He also states that he was given a field promotion to corporal in 1945.  In support of his application, he submits a copy of his WD AGO Form 53-55 and a DA Form 1577 (Authorization for Issuance of Awards), dated 29 June 1999.  

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 
9 June 1943.  He served as a heavy truck driver in the Asiatic-Pacific Theater of Operations from 31 August 1944 through 15 April 1945 and was honorably discharged by reason of physical disability on 15 June 1947.  The Board notes that the applicant was separated from the service on a partial service record and affidavit from the soldier.

5.  The applicant's WD AGO Form 53-55, which was authenticated in his own hand, does not show the Good Conduct Medal or the American Campaign Medal as authorized awards.

6.  Item 31 (Military Qualification and Date) on the applicant's WD AGO Form 
53-55 shows the entry, "Combat Infantryman Badge."  Therefore, this portion of the applicant's request to show the Combat Infantryman Badge on his discharge document will not be discussed further in these Proceedings.

7.  Item 55 (Remarks) on the applicant's WD AGO Form 53-55 shows the entry, "Lapel Button Issued."  Therefore, this portion of the applicant's request to show the Honorable Service Lapel Button will not be discussed further in these Proceedings.

8.  Item 3 (Grade) on the applicant's WD AGO Form 53-55 shows the entry, "Cpl [corporal].  Item 38 (Highest Grade Held) on his WD AGO Form 53-55 shows the entry, "Cpl."  Therefore, this portion of the applicant's request to show his rank as corporal on his discharge document will not be discussed further in these Proceedings.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  However, the applicant's WD AGO Form 53-55 shows he had five days of lost time during his military service.  

10.  The applicant's WD AGO Form 53-55 shows the Bronze Star Medal as an authorized award.

11.  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.  
  
12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

13.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
    
14.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

CONCLUSIONS:

1.  The Board noted the applicant's request to show the Good Conduct Medal on his discharge document.  However, there are no orders for the Good Conduct Medal in the available records.  The Board notes that there is evidence of indiscipline which may have resulted in the applicant's disqualification for award of the Good Conduct Medal.  In view of the applicant's five days of lost time shown on his WD AGO Form 53-55, the Board has determined that the applicant was not eligible for award of the Good Conduct Medal.  

2.  The applicant served a period of qualifying service for award of the American Campaign Medal.  Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show this medal.

3.  The applicant received award of the Bronze Star Medal prior to his separation from active duty on 15 June 1947.  After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II.  Therefore, the applicant is entitled to two awards of the Bronze Star Medal (Bronze Star Medal with First Oak Leaf Cluster) and correction of his records to shows the Bronze Star Medal with First Oak Leaf Cluster.

4.  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 American Campaign Medal and the Bronze Star Medal with First Oak Leaf Cluster.

2.  That so much of the application as pertains to award of the Good Conduct Medal be denied.

BOARD VOTE:  

AAO___  TAP_____  RWA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian_
		        CHAIRPERSON

INDEX

CASE ID	AR2002081948	
SUFFIX		
RECON		
DATE BOARDED	20030515	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.