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ARMY | BCMR | CY2001 | 2001062383C070421
Original file (2001062383C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 December 2001
         DOCKET NUMBER: AR2001062383


         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. William Blakely 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 he be awarded the Army Good Conduct Medal (AGCM).

3. The applicant states, in effect, that he should be awarded the AGCM based on his honorable enlisted service from 18 February 1941 to 21 June 1943. In support of his application, he submits his separation documents (WD AGO 53-55 and WD AGO Form 0150-2).

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55 and WD AGO Form 0150-2.

5. The applicant’s WD AGO Form 0150-2 shows he was inducted on
18 February 1941, and that he served on active duty in an enlisted status until
21 June 1943, when he was honorably discharged for the purpose of accepting a commission.

6. The applicant’s WD AGO 53-55 shows he entered active duty as a commissioned officer on 22 June 1943, and that he was trained in and served as a pilot. It also shows that he served in the European Theater of Operations (ETO) from 23 September 1944 to 7 June 1945, and during his tenure in the ETO, he participated in the Ardennes, Rhineland, and Central Europe campaigns of World War II. It also shows that during his active duty tenure, he attained the rank of captain and earned the following awards prior to being honorably separated on 23 November 1945: Air Medal (3rd OLC), American Defense Service Medal, Purple Heart, and European-African-Middle Eastern Campaign Medal.

7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 4-4 establishes that in order to earn the AGCM, the character of service throughout a qualifying period must show a soldier willingly complied with the demands of the military environment; was loyal and obedient to superiors; faithfully supported the goals of the organization and the Army. Paragraph 4-5 defines periods of service which qualify for award of the AGCM and states, in pertinent part, that for the first award only a period of 1 year served entirely during the period between
7 December 1941 to 2 March 1946 is a qualifying period for the AGCM.

8. Paragraph 5-11 (World War II Victory Medal) indicates that the World War II Victory Medal was established by the act of Congress 6 July 1945 and is awarded for service between 7 December 1941 and 31 December 1946.

9. Paragraph 5-12 contains guidance on awarding the European-African-Middle Eastern Campaign Medal and states, in pertinent part, that a bronze service star is authorized for each campaign participated in while in the ETO.

CONCLUSIONS
:

1. The Board notes the applicant’s contention that he is entitled to the AGCM based on his honorable service in an enlisted status and it finds this claim has merit.

2. The available evidence confirms that the applicant honorably served on active duty in an enlisted status for over 2 years, as evidence by the WD AGO Form 0150-2 on file. Therefore, the Board concludes, absent a disqualification or derogatory information, that based on his honorable enlisted service from
18 February 1941 to 21 June 1943, the applicant is entitled to receive the first award of the AGCM.

3. By regulation, 1 bronze service star is authorized for the European-African-Middle Eastern Campaign Medal for each campaign participated in while assigned to the ETO during World War II. Therefore, the Board concludes that the applicant’s record should be corrected to show he earned 3 bronze service stars for his European-African-Middle Eastern Campaign Medal, based on his participation in 3 campaigns during his assignment tenure in the ETO.

4. In addition, the Board concludes that the applicant’s honorable service during World War II entitles him to the World War II Victory Medal and it finds that it would be appropriate to add this award to his record at this time.

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 individual concerned earned the Army Good Conduct Medal, for his honorable enlisted service between 18 February 1941 to 21 June 1943, the European-African-Middle Eastern Service Medal with 3 bronze service stars, the World War II Victory Medal; and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:

__JHL__ _ _MKP__ __ENA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __JoAnn H. Langston__
                  CHAIRPERSON




INDEX

CASE ID AR2001062383
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/12/04
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0056
2.
3.
4.
5.
6.



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