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Decision Text

ARMY | BCMR | CY2002 | 2002070760C070402
Original file (2002070760C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 October 2002
         DOCKET NUMBER: AR2002070760


         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. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Ms. Margaret K. Patterson Member
Mr. Arthur A. Omartian 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 correction of his records to reflect that he was awarded the World War (WW) II Victory Medal, the American Defense Service Medal, the American Campaign Medal and all other authorized awards.

3. The applicant states he believes he is entitled to the requested awards.

4. In support of request, the applicant submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).

5. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. The documents herein were provided by the applicant.

6. The applicant’s WD AGO Form 53-55 shows that he was inducted on 7 October 1942, was trained as a telephone and telegraph lineman and served with the 271st Field Artillery Battalion, 1st Cavalry Division, in the Asiatic-Pacific Theater from 24 July 1943 through 8 October 1945. He was credited with 9 months and 4 days continental service. He was honorably discharged at demobilization on 29 October 1945, in the rank of private first class.

7. His WD AGO Form 53-55, reflects that he was awarded the Asiatic-Pacific Service Medal with 4 bronze service stars and arrowhead device, the Philippine Liberation Ribbon with 2 bronze service stars, the Good Conduct Medal, and the Bronze Star.

8. Army Regulation 600-8-22 (Military Awards) 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.

9. The same regulation provides that the American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

10. The same regulation provides that the American 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.


CONCLUSIONS:

1. Evidence of record shows the applicant's period of service entitles him to award of the WWII Victory Medal. The applicant served less than one year in the continental US during WWII, which indicates he served less than the required one year to qualify for the American Campaign Medal. Similarly, his period of service did not begin until after the period of authorization for the American Defense Service Medal had expired, thus he is not authorized this award. He is entitled to have only the WWII Victory Medal reflected on his WD AGO 53-55.

2. Without records, it could not be determined if the applicant qualified for any other awards.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the WWII Victory Medal.

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

BOARD VOTE:

___mkp__ ____aao_ ___rvo__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___________Raymond V. O'Connor, Jr._
                  CHAIRPERSON




INDEX

CASE ID AR2002070760
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021001
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. 107.0066
2.
3.
4.
5.
6.


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