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ARMY | BCMR | CY2001 | 2001058170
Original file (2001058170.txt) Auto-classification: Approved
PROCEEDINGS


	IN THE CASE OF:       
			 
	   

	BOARD DATE:           10 October 2001    
	DOCKET NUMBER:   AR2001058170


	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



Analyst

  The following members, a quorum, were present:




Chairperson



Member



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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) be corrected to show that he was entitled to award of the Good Conduct Medal (GCMDL).

3.  The applicant states that he served with fidelity and exemplary service from 6 August 1941-15 September 1945.  In support of his application, he submits his WD AGO Form 53-55 and a copy of his WD AGO Form 100 (Army Separation Qualification Record).

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  The information herein was obtained from reconstructed records that show he was inducted in the Army of the United States on 6 August 1941.  He served in the European Theater of Operations from 18 August 1942-23 August 1945 and participated in the campaigns of Rome-Arno and Tunisia.  He served in military occupational specialty (MOS) 931 (Truck Driver Heavy).

5.  On 15 September 1945, he was honorably discharged.  His WD AGO Form
53-55 shows that he had completed 4 years, 1 month and 10 days of active military service.  He was awarded the American Defense Service Medal, the European-African-Middle Eastern Service Medal and the Army Lapel Button.  His WDA GO Form 53-55 does not show that he was awarded the GCMDL. 

6.  The applicant's WD AGO Form 24 (Service Record) shows that he is entitled to award of six Overseas Service Bars.  He is also entitled to award of two Bronze Service Stars (BSS) for wear on his European-African-Middle Eastern Service Medal.  Neither document shows that he was ever authorized award of the GCMDL. 

7.  There is no evidence of derogatory information in the applicant's available records nor is there any evidence to show that he was specifically disqualified by his unit commander for award of the GCMDL.  

8.  Army Regulation 600-8-22 provides that the 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 GCMDL, disqualification must be justified.  

9.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB).  In pertinent part, it provides that a bar is authorized for wear for each qualifying period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  During World War II, each full 6-month period spent outside the Continental United States between 7 December 1941 and 2 September 1946 qualified for an OSB.
10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a Bronze Service Star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  The applicant completed more than 4 years of honorable service and there is no evidence to indicate that his unit commander ever specifically denied him the award of the GCMDL.  Therefore, he is entitled to award of the GCMDL.  

2.  The applicant is entitled to award of six OSB for service in the European Theater from 18 August 1942 to 23 August 1945 (3 years and 5 days).

3.  The applicant is also entitled to two Bronze Service Stars (BSS's) for wear on his European-African-Middle Eastern Service Medal.

4.  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 issuing to the individual concerned a DD Form 215 (Correction to WD AGO Form 53-55) showing that in Item 33 (Decorations and Citations) he was awarded the GCMDL, six Overseas Service Bars, and two Bronze Service Stars for his European-African-Middle Eastern Service Medal.

BOARD VOTE:  

__xxx___  __xxxx__  __xxxx___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




		__xxxxxx
		        CHAIRPERSON


INDEX

CASE ID
AR2001058170
SUFFIX

RECON

DATE BOARDED
20011010
TYPE OF DISCHARGE
(HD)
DATE OF DISCHARGE
19450915
DISCHARGE AUTHORITY
AR615-365
DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0056
2.

3.

4.

5.

6.


ABCMR Proceedings (cont)                                                          AR2001058170   
                                                                                                      

4


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