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Decision Text

ARMY | BCMR | CY2001 | 2001057279C070420
Original file (2001057279C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 August 2001
         DOCKET NUMBER: AR2001057279


         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. P. A. Castle Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Christopher J. Prosser Member
Ms. Linda D. Simmons 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, in effect, that his discharge document be amended to reflect awards of the National Defense Service Medal (NDSM), the World War II Victory Medal, and the Tanker Badge.

3. The applicant states he was unaware until recently that he could request a correction to his record.

4. Most of the applicant’s military personnel records were lost or destroyed during the 1973 fire at the National Personnel Records Center. His available records indicate that he entered active duty on 29 December 1941 and was honorably discharged on 4 October 1945 with 3 years, 9 months, and 6 days active duty service.

5. Army Regulation 660-8-22, paragraph 5-11 provides for award of the World War II Victory Medal for military service between 7 December 1941 and 31 December 1946.

6. Army Regulation 600-8-22 provides, in pertinent part, that the NDSM was awarded to soldiers who served honorably on active duty between January 1950 and July 1954 and between 1 January 1961 and 14 August 1974. The Secretary of Defense, in February 1991, approved reinstitution of the National Defense Service Medal for members of the Armed Forces serving on active duty on or after 2 August 1990.

7. The applicant’s request for a Tanker Badge is assumed by the Board to mean the Driver and Mechanic Badge. The Army Regulation 600-8-22, paragraph 8-28, provides for the Driver and Mechanic Badge to be awarded to drivers, mechanics, and special equipment operators to denote the attainment of a high degree of skill in the operation and maintenance of motor vehicles. Approving authority is granted to commanders of brigades, regiments, separate battalions, and any commander in the rank of Lieutenant Colonel or higher.

CONCLUSIONS:

1. Army regulations and the applicant’s records support the award of or entitlement to the World War II Victory Medal.

2. Based on the applicant’s period of active duty from 1941 to 1945 he is not eligible for the NDSM award.

3. There is no evidence in the available service records to show that the applicant was recommended for or received the Driver and Mechanic Badge.

4. In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the World War II Victory Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___rvo __ ___lds___ ___cp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor, Jr.__
                  CHAIRPERSON




INDEX

CASE ID AR2001057279
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/08/30
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 115 107.0069/NDSM
2. 112 107.0066/WWII Victory Medal
3. 46 107.0000
4.
5.
6.


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