IN THE CASE OF:	

		BOARD DATE:	  	18 December 2008

		DOCKET NUMBER:  AR20080014000 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1971 to show award of the American Campaign Medal.

2.  The applicant states that he was never issued the American Campaign Medal.

3.  The applicant provides a copy of his WD AGO Form 100 (Separation Qualification Record); a certificate from the Infantry Replacement Training Center, Camp Hood, Texas; and a web page from Wikipedia on the American Campaign Medal.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’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 applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 21 July 1945.  He arrived in the European-African-Middle Eastern theater of operations on 16 January 1946 and departed on 10 December 1946.  His highest grade attained was master sergeant, E-8.

4.  The applicant was honorably discharged on 23 January 1947.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he completed 6 months and 19 days of continental United States service and 11 months and 15 days of foreign service.

5.  His WD AGO Form 53-55 shows the World War II Victory Medal and the Army of Occupation Medal (Germany) as authorized awards.

6.  The applicant continued to serve until he was retired from active duty on 31 July 1971.

7.  Army Regulation 600-8-22 (Military Awards) 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 for this campaign medal includes permanent assignment outside the continental United States but within the American theater of operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, 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 1 year.

DISCUSSION AND CONCLUSIONS:

1.  Based on the Military Awards regulation, a service member was required to either serve within the continental United States for an aggregate period of 1 year or perform 30 consecutive or 60 nonconsecutive days of duty outside the continental United States but within the American theater of operations.

2.  Regrettably, the applicant did not serve a period of qualifying service for award of the American Campaign Medal.

3.  Therefore, there is no basis for amending his DD Form 214 for the period ending 31 July 1971 to show award of the American Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________XXX_______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080014000



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ABCMR Record of Proceedings (cont)                                         AR20080014000



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