PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 February 2001
         DOCKET NUMBER: AR2001053212

         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Roger W. Able		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.

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2. The applicant requests correction of his records to show his correct marital status and to show all awards to which he is entitled.

3. The applicant states his WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows in item 19 (Marital Status) that he was married at the time of his service and does not show any campaign credit in item 32 (Battles and Campaigns).

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show the applicant was inducted on 17 March 1943 and entered active service on 24 March 1943. He served in the United States for approximately 19 months and then served in the European-African-Middle Eastern Theater of Operations for the period 7 November 1944 to 31 January 1946. The applicant was honorably discharged on 16 February 1946.

5. Item 19 (Marital Status) of the applicant’s WD AGO Form 53-55 shows an “X” in the block “Married.” His WD AGO Form 53-55 shows the entry “NONE” in item 32 (Battles and Campaigns) and in item 33 (Decorations and Citations).

6. There is no evidence in the limited records available to the Board which shows the applicant was married or was not married. The analyst for this case contacted the applicant by telephone on 21 February 2001. When asked about his marital status, the applicant stated that he was single throughout his Army service and that he was not married until 1948. He also stated that he did not have any service records which would clarify this issue. Medical interview records, dated May 1943, are available to the Board. These records show that the applicant always lived at home with his parents and one brother until his enlistment. There is no indication in the available medical records that the applicant was married at any time prior to or during his military service.

7. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, campaign credit during World War II. This document shows the unit to which the applicant was assigned, the 8th Armored Division, received campaign credit for the Ardennes-Alsace Campaign (16 December 1944-25 January 1945), the Rhineland Campaign (15 September 1944-21 March 1945), and the Central Europe Campaign (22 March 1945-11 May 1945).

8. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the European-African-Middle Eastern Campaign Medal.

9. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the unit to which the applicant was assigned, the 8th Armored Division, received occupation credit in Germany for the period from 2 May 1945 to 4 July 1945.

10. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany, qualifying service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

11. Army Regulation 600-8-22 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 includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or 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 one year.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

13. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal. Records show the applicant received an honorable discharge and had no record of lost time or other indiscipline.

14. 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. After 27 June 1950 to the present time, 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. There are no service personnel records available to the Board which verify the marital status of the applicant. Medical records indicate the applicant was not married at any time prior to May 1943 and it is highly improbable that his chain of command would have permitted him to marry after entry on active duty, during his overseas service, or prior to mustering out. Based on the applicant’s verbal statement which is supported by medical records, the Board has determined that there is sufficient evidence to warrant correcting item 19 (Marital Status) of the applicant's WD AGO Form 53-55 to show that he was single instead of married.

2. Evidence of record shows that the applicant served in the European-African-Middle Eastern Theater of Operations during World War II; therefore, he is entitled to award of the European-African-Middle Eastern Campaign Medal.

3. Evidence of record shows that, while the applicant was assigned to the 8th Armored Division, the unit received campaign credit for the Ardennes-Alsace Campaign, the Rhineland Campaign and the Central Europe Campaign. Therefore, he is entitled to correction of item 32 (Battles and Campaigns) of his WD AGO Form 53-55 to show these three campaigns and correction of his records to show award of the European-African-Middle Eastern Campaign Medal with three bronze service stars.

4. Evidence of record shows that, while the applicant was assigned to the 8th Armored Division, the unit received occupation credit in Germany. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

5. Evidence of record shows the applicant served for 19 months in the continental United States during World War II; therefore, he is entitled to award of the American Campaign Medal and correction of his records to show this award.

6. Based on the applicant’s service during World War II, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.

7. The applicant is entitled to the first award of the Good Conduct Medal for the period 24 March 1943 through 16 February 1946 based on more than one year of qualifying service, but less than three years of qualifying service, which occurred between 7 December 1941 to 2 March 1946. Therefore, he is entitled to correction of his records to show the first award of the Good Conduct Medal.

8. 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:

         a. by showing in item 19 (Marital Status) that the individual concerned was single;

         b. showing in item 32 (Battles and Campaigns) credit for his participation in the Ardennes-Alsace, the Rhineland and the Central Europe Campaigns; and

         c. by showing in item 33 (Decorations and Citations) that he is entitled to award of the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Army of Occupation Medal with Germany Clasp, the American Campaign Medal, the World War II Victory Medal, and the first award of the Good Conduct Medal for the period 24 March 1943 through 16 February 1946.

BOARD VOTE:

__RWA__ __MHM__ __JNS__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Mr. John N. Slone__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001053212
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010227
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.