APPLICANT REQUESTS: That his WD AGO Form 53-55, Report of Separation, be corrected to reflect that he was awarded the World War II Victory Medal and the American Campaign Medal (ACM).
APPLICANT STATES: In effect, that he served during the requisite time periods and is entitled to both awards.
EVIDENCE OF RECORD: The applicants military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed records.
His WD AGO Form 53-55 shows that he was inducted and entered active service on 7 October 1943. He served 1 year, 6 months and 22 days in the European Theater of Operations and 5 months and 24 days in the continental US. He was honorably discharged upon demobilization on 22 October 1945.
His awards include the Good Conduct Medal, the Purple Heart, the European-African Middle Eastern Campaign Medal, the Bronze Star Medal, the French Croix de Guerre, the Distinguished Unit Citation and the Combat Infantryman Badge.
In an advisory opinion (COPY ATTACHED) to this Board, the US Army Reserve Personnel Center (ARPERCEN) determined that the applicant was entitled to the World War II Victory Medal but recommended against the (ACM) on the basis that his service did not meet the regulatory requirements for the award. Specifically, he had not served within the continental limits of the US for an aggregate period of 1 year. (The applicant was determined to be eligible for several other awards, however, based on ARPERCENS review of his records. These awards were added to his records via DD Form 215, Correction of DD Form 214, on 19 February 1996.)
Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the ACM is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 under any of the following conditions: (1) On permanent assignment outside the continental limits of the US. (2) Permanently assigned as a member of a crew of a vessel sailing ocean waters for a period of 30 consecutive days. (3) Outside the continental limits of the US in a passenger status or on temporary duty for 30 consecutive days. (4) In active combat against the enemy and was awarded a combat decoration or furnished a certificate by the commanding general of a corps, higher unit, or independent force that the soldier actually participated in combat. (5) Within the continental limits of the US for an aggregate period of 1 year.
The boundaries of the American Theater are specifically defined by the regulation in terms of latitudes and longitudes constituting the eastern and western boundaries and extending from the North to the South Pole. Generally however, the land masses include only the continents of North and South America.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(S), it is concluded:
1. The awards regulation provides, that to qualify for the ACM the individual must have served within the American Theater and meet any of the other conditions listed.
2. The evidence of record shows that the applicant did not meet the criterion for the ACM, in that, with the exception of approximately 6 months service in the continental US, all of his service was in the European Theater of Operations.
3. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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