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Decision Text

ARMY | BCMR | CY2001 | 2001061114C070421
Original file (2001061114C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        
         BOARD DATE: 4 December 2001
         DOCKET NUMBER: AR2001061114


         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. Lee Cates Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Ms. Margaret K. Patterson Member
Mr. Eric N. Andersen 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 records be corrected to show award of the World War II Victory Medal (WWIIVM) in lieu of the World War I Victory Medal (WWIVM), and that his service number (SN) be corrected on his National Guard Discharge Certificate.

3. The applicant states that his SN was incorrectly shown on his Army National Guard (ARNG) discharge, dated 8 April 1959 and that the WWIVM was shown on his WD AGO Form 53 (Honorable Discharge), dated 6 December 1947. Both forms were provided in support of his request. Additionally, he provided a copy of his Birth Certificate.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.

5. On 23 July 1946, the applicant enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty 7745 (Rifleman).

6. During the period 22 November 1946 through 8 November 1947, he served in the Asiatic-Pacific Theater of Operations.

7. He was advanced to the rank of private first class (PFC) on 14 January 1947.

8. On 6 December 1947, he was honorably discharged in the rank of PFC under Army Regulation 615-365, based on the expiration of his term of service. His separation document indicates he has 1 year, 4 months and 14 days of creditable service for retirement. He was awarded the WWIVM (sic) and the Army of Occupation Medal (Japan).

9. The applicant was issued an Honorable Discharge Certificate on 16 April 1959 from the Michigan National Guard. The certificate incorrectly shows the third digit of his SN as a “3” instead of a “2”, and as shown by his military service records.

10. Army Regulation 600-8-22 (Military Awards) indicates, in pertinent part, that the WWIVM was awarded for service between 6 April 1917 and 11 November 1918 or with either of the following expeditions:

a. American Expeditionary Forces in European Russia between 12 November 1918 and 5 August 1919.


b. American Expeditionary Forces Siberia between 23 November 1918 and 1 April 1920.

11. Army Regulation 600-8-22 also provides that the WWIIVM was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

12. Army Regulation 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the GCMDL, disqualification must be justified.

CONCLUSIONS:

1. The evidence of record clearly shows the applicant is entitled to the WWIIVM vice the WWIVM and his records should be corrected accordingly.

2. The applicant’s SN shown on his Honorable Discharge Certificate from the National Guard should be corrected as requested and as shown in his military service records.

3. The Board has noted that the applicant qualifies for award of the GCMDL and his record should be corrected accordingly.

4. At the time of his enlistment, his SN was then, as he desires it to be now.

5. 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 WWIVM awarded to the individual concerned is deleted and that he was awarded the WWIIVM and the GCMDL for the period 23 July 1946 through 6 December 1947 and that his SN as shown on his National Guard discharge be corrected by showing the third digit as a “2” instead of a “3”.

BOARD VOTE
:

_jhl____ _mkp____ _ena____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           JoAnn H. Langston
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2001061114
SUFFIX
RECON
DATE BOARDED 20011204
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100.000
2.
3.
4.
5.
6.


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