PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 October 2002
         DOCKET NUMBER: AR2002075974


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Melvin H. Meyer		Member
Mr. James E. Anderholm		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.

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2. The applicant requests, in effect, that American Campaign Medal (ACM), Army Good Conduct Medal (AGCM), and all other awards to which he is entitled be added to his separation document (WD AGO Forms 53-55), dated
9 November 1946.

3. The applicant states, in effect, that he is interested in his World War II awards, and he provides a copy of his two separation documents, which show that his active duty service began on 8 January 1945, and that he served in the American Theater of Operations (ATO) for over a year prior to his departure for the European Theater of Operations (ETO) on 15 January 1946. He also claims that he was never court-martialed and that there is no derogatory information on file that should have disqualified him from receiving the AGCM. He concludes by stating that the only awards listed in his WD AGO Forms 53-55, dated
18 November 1945 and 9 November 1946, show only that he earned the European-African-Middle Eastern Campaign Medal and the World War II Victory Medal during his period of active duty service. He would like all the awards to which he is entitled to be added to his separation document at this time.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire. The available evidence includes a Discharge Certificate (DD Form 303A), dated 18 August 1954, and two separation documents (WD AGO Forms 53-55), dated 19 November 1945 and 9 November 1946. These documents verify that the applicant was initially inducted into the Army of the United States (AUS) on 8 January 1945. On 19 November 1945, he immediately reenlisted in the Regular Army, while serving at Fort Wolters, Texas, and he continuously served on active duty for 1 year, 10 months, and 2 days until being honorably discharged on 9 November 1946.

5. The applicant’s WD AGO Form 53-55, dated 9 November 1946, confirms that the applicant served in the ATO for over a year, from 5 January 1945 through his departure for the ETO on 15 January 1946. He arrived in the ETO on 24 January 1946, and served there until his departure for return to the United States on
25 October 1946. He arrived back in the United States on 5 November 1946, and was honorably discharged on 9 November 1946. It also confirms that he was trained and served in military occupational specialty (MOS) 745 (Rifleman), and that he was assigned to Company F, 222^nd Infantry Regiment, 42^nd Infantry Division, and held the rank of private first class (PFC).

6. In addition, the applicant’s separation documents show that he earned the European-African-Middle Eastern Campaign Medal and the World War II Victory Medal. They also contain entries verifying that he accrued no lost time while on active duty, and they contain no indication of any derogatory information that would have disqualified him from receiving the AGCM.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Chapter 4 prescribes the policy for award of the AGCM. It states, in pertinent part, that it is authorized for each
3 years of qualifying honorable service completed on or after 27 August 1940. However, for the first award only, a period of a period of 1 year served entirely during the period 7 December 1941 to 2 March 1946 is a qualifying period for the award. The available evidence contains no indication that the applicant had committed any infractions that would have disqualified him from receiving the AGCM or that he was ever disqualified for the award by any of his unit commanders.

8. Paragraph 5-10 contains guidance on the award of the Army of Occupation Medal. It states, in pertinent part, that it was awarded for service of
30 consecutive days at a normal post of duty while assigned to a unit involved
in the Army Occupation of Austria between 9 May 1945 and 27 July 1955. Paragraph 5-14 contains guidance on awarding the American Campaign Medal. It states, in pertinent part, that it was service within the American Theater, within the continental limits of the United States, for an aggregate period of 1 year, between 7 December 1941 and 2 March 1946.

9. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. It confirms that the applicant’s unit, the
522^nd Infantry Regiment, participated in the Army of Occupation of Austria from
15 August through 31 October 1946, during his tenure of assignment.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to additional awards that were not included in his separation documents, and it finds this claim has merit.

2. The WD AGO Forms 53-55 on file verify that the applicant completed a total
1 year, 10 months, and 2 days of honorable active military service from
8 January 1945 through 9 November 1946. Lacking a disqualification from any of his active duty unit commanders, and absent any derogatory information on file that would preclude him from receiving the award, the Board concludes that his service satisfies the qualifying period criteria necessary to be awarded the AGCM. Therefore, the Board finds that it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service at this time.

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3. In addition, the available evidence confirms that the applicant served within the continental limits of the United States, for an aggregate period of 1 year, between 7 December 1941 and 2 March 1946. Therefore, he is entitled to be awarded the American Campaign Medal. In addition, he was assigned to a unit involved with the Army of Occupation of Austria for 30 consecutive days between 9 May 1945 and 27 July 1955. Thus, he is entitled to receive the Army of Occupation Medal-Austria. Thus, the Board finds that it would also be appropriate to correct his record to show his entitlement to these awards.

4. 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 awarding the individual concerned the first award of the Army Good Conduct Medal, for his honorable period of qualifying active duty service from
8 January 1945 through 9 November 1946; by showing his entitlement to the Army of Occupation Medal-Austria and the American Campaign Medal based on his qualifying service in these areas during World War II; and by providing him a correction to his separation document that reflects these awards.

BOARD VOTE:

__JLP__ __MHM__ __JEA __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Jennifer L. Prater___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075974
SUFFIX
RECON
DATE BOARDED	2002/10/08
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1946/11/09
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Conv of Govt
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.46	107.0000
2.
3.
4.
5.
6.