PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 April 2003      
	DOCKET NUMBER:   AR2002079587

	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. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Mae M. Bullock		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 (Enlisted Record and Report of Separation) to show award of the Asiatic-Pacific Campaign Medal and the Good Conduct Medal. 

3.  The applicant states that he served in the Philippine Islands during October 1945 through December 1945.  He also contends that he received the Good Conduct Medal while in basic training.  In support of his application, he submits a copy of his WD AGO Form 53 and a copy of War Department Form Number 370, his final pay statement, dated October 1945.    

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 
26 February 1945 and was discharged on 22 October 1945 in Manila, Luzon, Philippine Islands.  He enlisted on 23 October 1945 and served as a military policeman in the European Theater of Operations from 18 May 1946 through 
4 May 1949.  The applicant was honorably discharged on 22 September 1949.

5.  The applicant's WD AGO Form 53 which covers the period 23 October 1945 through 22 September 1949 does not show the Asiatic-Pacific Campaign Medal or the Good Conduct Medal as authorized awards.

6.  There is no discharge document covering the period 26 February 1945 through 22 October 1945 in the available records.

7.  The applicant's final pay statement, dated October 1945, shows that he was discharged on 22 October 1945 in Manila, Luzon, Philippine Islands.  This record also shows that the applicant received additional pay for foreign service from 
24 August 1945 to 22 October 1945.

8.  The applicant's WD AGO Form 53-55 shows that he enlisted on 23 October 1945 from Manila City, Philippine Islands.

9.  The available records contain an Office of the Surgeon General Hospital List which shows the applicant was hospitalized on 11 October 1945 in the Southwest Pacific for a non-battle injury to his hand.  

10.  There is no evidence in the available records that the applicant received the first award of the Good Conduct Medal.   

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal.  It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

12.  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.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

CONCLUSIONS:

1.  Medical evidence of record shows the applicant was hospitalized in the Southwest Pacific on 11 October 1945.

2.  The applicant's pay records show that he was discharged on 22 October 1945 in Manila, Luzon, Philippine Islands.

3.  The applicant's WD AGO Form 53 shows that he enlisted on 23 October 1945 from Manila City, Philippine Islands.

4.  Based on the foregoing, the Board determined that there is sufficient evidence on which to base award of the Asiatic-Pacific Campaign Medal in this case.  

5.  The Board notes that the applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.    

6.  There is no discharge document in the available records covering the applicant's period of service from 26 February 1945 through 22 October 1945.

7.  The applicant's WD AGO Form 53 covering the period 23 October 1945 through 22 September 1949 does not show the Asiatic-Pacific Campaign Medal as an authorized award.  Therefore, as an exception to policy, the Board determined that the applicant's WD AGO Form 53 should be corrected to show award of the Asiatic-Pacific Campaign Medal.

8.  The applicant is entitled to the first award of the Good Conduct Medal for the period 23 October 1945 through 22 October 1948 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 WD AGO Form 53 to show this award.

9.  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 showing that the individual concerned be awarded the Asiatic-Pacific Campaign Medal and the first award of the Good Conduct Medal.

BOARD VOTE:  

MHM___  CLG_____  MMB___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Melvin H. Meyer________
		        CHAIRPERSON

INDEX

CASE ID	AR2002079587	
SUFFIX		
RECON		
DATE BOARDED	20030422	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0064	
2.	107.0056	
3.		
4.		
5.		
6.