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Decision Text

ARMY | BCMR | CY2002 | 2002075412C070403
Original file (2002075412C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 22 OCTOBER 2002
         DOCKET NUMBER: AR2002075412


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Shirley L. Powell Member
Mr. Elzey J. Arledge, Jr. 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 that his military records be corrected to reflect entitlement to the World War II Victory Medal and that he be issued the American Campaign Medal and the American Defense Service Medal with clasp. He states the World War II Victory Medal was not entered in his records and he has not received the other two medals.

3. The applicant's military service record was apparently lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed from alternative source.

4. The applicant entered active duty on 16 September 1940 and was discharged on
10 October 1945 as a result of demobilization. During his military service he served in a variety of oversea theaters of operations and for more than 27 months within the continental United States. His separation document indicates that he was awarded, among other decorations, the American Defense Service Medal and the "American Service Medal."

5. Army Regulation 600-8-22 states the American Campaign Medal was awarded to soldiers who served within the American Theater between 7 December 1941 and
2 March 1946. There is no "American Service Medal" in the military's inventory and that entry on the applicant's separation document was likely meant to be the American Campaign Medal.

6. Army Regulation 600-8-22 also states that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946. Additionally, the regulation provides for a clasp, with the inscription "Foreign Service" on the American Defense Service Medal to denote service outside the continental limits of the United States, including service in Alaska, as a member of a crew of a vessel sailing ocean waters. There is no indication on the applicant's separation document which indicates that his continental United States service was within the continental limits of the United States or not.

7. In 2000 officials at the Army Review Boards Agency in St. Louis corrected the applicant's 1945 separation document to add the Combat Infantryman Badge and the Bronze Star Medal, in addition to several other minor corrections to entries regarding the applicant's World War II awards and decorations. At the same time the applicant was authorized issuance of those same decorations. Officials at the Army Review Boards Agency did not, however, correct the applicant's separation document to reflect entitlement to the World War II Victory Medal or authorize issuance of that decoration or the American Campaign Medal and the American Defense Service Medal.

CONCLUSIONS:

1. The evidence confirms the applicant is entitled to the World War II Victory Medal. His records should be corrected accordingly.

2. The Board also notes that the applicant's separation document incorrectly reflects entitlement to an American Service Medal, when in fact the correct title of the decoration is the American Campaign Medal. The applicant's records should be corrected to reflect the correct title of that decoration.

3. Unfortunately, the absence of more complete records makes it impossible for the Board to determine if the applicant is entitled to the "Foreign Service" clasp on his American Defense Service Medal. The Board does conclude, however, that it would be appropriate to authorize issuance of the American Defense Service Medal, the American Campaign Medal, and the World War II Victory Medal to the applicant as he requests.

4. 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:

a. by showing that the individual concerned is entitled to the World War II Victory Medal;

b. by deleting the American Service Medal from the applicant's separation document and replacing it with the correct title of the American Campaign Medal; and

c. by authorizing issuance of the World War II Victory Medal, American Campaign Medal, and the American Defense Service Medal.

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

BOARD VOTE:

__FNE __ __SLP __ __EJA___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


                  ____Fred N. Eichorn______
                  CHAIRPERSON



INDEX

CASE ID AR2002075412
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021022
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. 107.00
2.
3.
4.
5.
6.


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