Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002079587C070215
Original file (2002079587C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002079587


         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. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Mr. Curtis L. Greenway Member
Ms. Mae M. Bullock 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 WD AGO Form 53 (Enlisted Record and Report of Separation) to show award of the Asiatic-Pacific Campaign Medal and the Good Conduct Medal.

3. The applicant states that he served in the Philippine Islands during October 1945 through December 1945. He also contends that he received the Good Conduct Medal while in basic training. In support of his application, he submits a copy of his WD AGO Form 53 and a copy of War Department Form Number 370, his final pay statement, dated October 1945.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
26 February 1945 and was discharged on 22 October 1945 in Manila, Luzon, Philippine Islands. He enlisted on 23 October 1945 and served as a military policeman in the European Theater of Operations from 18 May 1946 through
4 May 1949. The applicant was honorably discharged on 22 September 1949.

5. The applicant's WD AGO Form 53 which covers the period 23 October 1945 through 22 September 1949 does not show the Asiatic-Pacific Campaign Medal or the Good Conduct Medal as authorized awards.

6. There is no discharge document covering the period 26 February 1945 through 22 October 1945 in the available records.

7. The applicant's final pay statement, dated October 1945, shows that he was discharged on 22 October 1945 in Manila, Luzon, Philippine Islands. This record also shows that the applicant received additional pay for foreign service from
24 August 1945 to 22 October 1945.

8. The applicant's WD AGO Form 53-55 shows that he enlisted on 23 October 1945 from Manila City, Philippine Islands.

9. The available records contain an Office of the Surgeon General Hospital List which shows the applicant was hospitalized on 11 October 1945 in the Southwest Pacific for a non-battle injury to his hand.

10. There is no evidence in the available records that the applicant received the first award of the Good Conduct Medal.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal. It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946. Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

12. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

CONCLUSIONS:

1. Medical evidence of record shows the applicant was hospitalized in the Southwest Pacific on 11 October 1945.

2. The applicant's pay records show that he was discharged on 22 October 1945 in Manila, Luzon, Philippine Islands.

3. The applicant's WD AGO Form 53 shows that he enlisted on 23 October 1945 from Manila City, Philippine Islands.

4. Based on the foregoing, the Board determined that there is sufficient evidence on which to base award of the Asiatic-Pacific Campaign Medal in this case.

5. The Board notes that the applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.

6. There is no discharge document in the available records covering the applicant's period of service from 26 February 1945 through 22 October 1945.

7. The applicant's WD AGO Form 53 covering the period 23 October 1945 through 22 September 1949 does not show the Asiatic-Pacific Campaign Medal as an authorized award. Therefore, as an exception to policy, the Board determined that the applicant's WD AGO Form 53 should be corrected to show award of the Asiatic-Pacific Campaign Medal.

8. The applicant is entitled to the first award of the Good Conduct Medal for the period 23 October 1945 through 22 October 1948 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his WD AGO Form 53 to show this award.

9. 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 be awarded the Asiatic-Pacific Campaign Medal and the first award of the Good Conduct Medal.

BOARD VOTE:

MHM___ CLG_____ MMB___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Melvin H. Meyer________
                  CHAIRPERSON




INDEX

CASE ID AR2002079587
SUFFIX
RECON
DATE BOARDED 20030422
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0064
2. 107.0056
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2013 | 20130019296

    Original file (20130019296.txt) Auto-classification: Denied

    The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show that he participated in the Philippine Campaign during World War II and award of the Philippine Liberation Medal and any other awards and decorations to which he is entitled. The FSM's available record is void of evidence and the applicant has not provided evidence showing specific geographic...

  • ARMY | BCMR | CY2002 | 2002077984C070215

    Original file (2002077984C070215.rtf) Auto-classification: Approved

    The applicant requests that his records be corrected to show that he served in the Philippine Islands during World War II. That form does not reflect any service in the Philippine Islands. Nonetheless, while that information is not contained on his record of service, and because he did serve in the Philippines, there is no good reason to doubt the applicant’s contention that he departed the ETO on 29 July 1945, arrived the Philippines on 25 August 1945, serving there until his departure...

  • ARMY | BCMR | CY2007 | 20070003458

    Original file (20070003458.txt) Auto-classification: Approved

    The applicant's military records are not available for review. Therefore, his records should be corrected to show this award. Therefore, his records should be corrected to show this award.

  • ARMY | BCMR | CY2007 | 20070009038

    Original file (20070009038.txt) Auto-classification: Approved

    The applicant requests correction of his military records to show award of the Army of Occupation Medal with Japan Clasp. The applicant's military records are not available for review. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign participation credit for units serving in World War II.

  • ARMY | BCMR | CY2014 | 20140005332

    Original file (20140005332.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show: * his participation in the Leyte and Lingayen Gulf battles in the Philippines * his participation in the Army of Occupation of Japan 2. Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award. He served qualifying periods of service for award of the World...

  • ARMY | BCMR | CY2001 | 2001060062C070421

    Original file (2001060062C070421.rtf) Auto-classification: Approved

    The applicant requests that his Report of Separation, WD AGO Form 53-55, item 40 be corrected to show his separation year as 1945 and that the American Campaign Medal, the Asiatic-Pacific Campaign Medal with three bronze service stars, and the World War II Victory Medal be added to item 33. The available evidence of record shows that the applicant did not meet the eligibility criteria for award of the American Campaign Medal. That the applicant’s WD AGO Form 53-55, item 32 be amended to...

  • ARMY | BCMR | CY2002 | 2002082978C070215

    Original file (2002082978C070215.rtf) Auto-classification: Approved

    The applicant states that his discharge document does not show all the battles and campaigns to which he is entitled. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. The Board noted that the applicant is eligible for award of the Army of Occupation Medal with Japan clasp (based on award of the Asiatic-Pacific Campaign Medal prior to 3 September 1945...

  • ARMY | BCMR | CY2013 | 20130018943

    Original file (20130018943.txt) Auto-classification: Approved

    The applicant's military service records are not available to the Board for review. Army Reserve Personnel Center, St. Louis, MO, authorized the issuance of the following decorations to the applicant: * Presidential Unit Citation * Bronze Star Medal (based on award of the Combat Infantryman Badge) * Army Good Conduct Medal * American Campaign Medal * Asiatic-Pacific Campaign Medal with one bronze service star * World War II Victory Medal * Army of Occupation Medal with Japan Clasp * Combat...

  • ARMY | BCMR | CY2011 | 20110021456

    Original file (20110021456.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show: * Award of the Army of Occupation Medal with Japan Clasp * In item 6 (Organization) the 25th Infantry Division in addition to the 27th Infantry Regiment 2. The applicant's military records are not available to the Board for review. Therefore, his WD AGO Form 53-55 should be corrected to show his complete unit of assignment.

  • ARMY | BCMR | CY2013 | 20130019787

    Original file (20130019787.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his combat service in the Philippine Islands and to include his award of the Combat Infantryman Badge on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the...