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ARMY | BCMR | CY2004 | 040006038C070208
Original file (040006038C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 MAY 2005
      DOCKET NUMBER:  AR20040006038


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jennifer Prater               |     |Chairperson          |
|     |Mr. Bernard Ingold                |     |Member               |
|     |Mr. Antonio Uribe                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his deceased father, a former servicemember
(FSM) be awarded the Army Good Conduct Medal.

2.  The applicant states that his father was eligible for award of the Army
Good Conduct Medal.

3.  The applicant provides a copy of his deceased father’s DD Form 214
(Report of Separation), a copy of pages from the United States Code
concerning award of the Army Good Conduct Medal, a copy of a certificate of
death, and a copy of a certified copy of a record of birth, showing the
applicant’s relationship to his father.

CONSIDERATION OF EVIDENCE:

1.  The FSM’s military records are not available to the Board for review.
A fire destroyed approximately 18 million service members’ records at the
National Personnel Records Center in 1973.  It is believed that the FSM’s
records were lost or destroyed in that fire.  However, the document
available is sufficient for the Board to conduct a fair and impartial
review of this case.

2.  The FSM was inducted into the Army on 15 September 1951.  He was
promoted to corporal on 28 January 1952.  His DD Form 214 shows that he had
5 months and 22 days of overseas service; however, does not indicate where.
 He served with the 51st Armored Engineer Battalion at Fort Leonard Wood,
Missouri and was released from active duty on his ETS (expiration of term
of service) on 14 February 1953 in the rank of corporal.  His DD Form 214
shows that he had no lost time, e.g., AWOL (absent without leave),
confinement, etc., and that he had 32 days of accrued leave.  His DD Form
214 indicates that he did not attend any service schools or courses, and
received no awards.  His service was honorable.

3.  The Army 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.

4.  The National Defense Service Medal was established on 22 April 1953,
and is awarded for honorable active service for any period between 27 June
1950 and 27July 1954.
 DISCUSSION AND CONCLUSIONS:

1.  The evidence available is of the FSM’s DD Form 214.  That form shows
that he advanced to the rank of corporal in 2 years, that he had no lost
time, and that he served honorably.  It may very well be that he was
inadvertently not considered for award of the Army Good Conduct Medal.

2.  Notwithstanding the lack of evidence in this case, it would appear that
the FSM was deserving of the award of the Army Good Conduct Medal.
Consequently, as a matter of equity, the records of the FSM should be
corrected to show award of the Army Good Conduct Medal.

3.  The FSM is also entitled to award of the National Defense Service
Medal.

BOARD VOTE:

___JP___  ___BI___  ___AU___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing award of the Army Good Conduct Medal and the National Defense
Service Medal.



                                  ______Jennifer Prater_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006038                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050510                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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