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ARMY | BCMR | CY2003 | 2003083499C070212
Original file (2003083499C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 July 2003
         DOCKET NUMBER: AR2003083499


         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. Fred N. Eichorn Chairperson
Ms. Margaret V. Thompson 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 correction of his military records to show award of the Combat Action Ribbon, the National Defense Service Medal, the "American Area Campaign" (correctly known as the American Campaign Medal), and the "American Defense" (correctly known as the American Defense Service Medal).

3. Since the Combat Action Ribbon is a Department of the Navy award, this Board does not have authority to award the Combat Action Ribbon and it is not discussed further in these Proceedings. If the applicant had service in the Navy and believes he is entitled to award of the Combat Action Ribbon, then he may apply to the Board for Correction of Naval Records.

4. The applicant states that these awards were omitted from his military records. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States).

5. The applicant’s military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 and the DD Form 214.

6. The applicant's reconstructed records show the applicant was inducted on
23 July 1942. He served as a radio operator in the Asiatic-Pacific Theater of Operations from 10 October 1943 until approximately 20 November 1945 and was honorably discharged on 30 November 1945. The applicant was called from inactive duty on 16 October 1950, served as a field wireman, and was released from active duty on 14 July 1951.

7. The applicant's discharge documents do not show the National Defense Service Medal or the American Defense Service Medal as authorized awards.

8. The applicant's WD AGO Form 53-55 does show the American Service Medal (correctly known as the American Campaign Medal) as an authorized award. Therefore, this portion of the applicant's request for the American Campaign Medal will not be discussed further in these proceedings.

9. The applicant's WD AGO Form 53-55 shows the Asiatic Pacific Service Medal (correctly known as the Asiatic-Pacific Campaign Medal) as an authorized award. His WD AGO Form 53-55 also shows he participated in four battles and campaigns during World War II.

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows among other information, unit awards and citations authorized for units which served during World War II. This document shows the unit to which the applicant was assigned, the 16th Signal Operations Battalion, received the Philippine Presidential Unit Citation for actions during the period 17 October 1944 to 4 July 1945 based on Department of the Army General Orders 47-50. This unit citation is not shown on the applicant's WD AGO Form 53-55.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

12. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal 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.

13. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. The applicant served a period of qualifying service (16 October 1950 through 14 July 1951) for award of the National Defense Service Medal. Therefore, the applicant is entitled to correction of his DD Form 214 to show award of this medal.

2. There is no evidence in the available records, and the applicant has provided no evidence, which shows that he served a period of qualifying service for award of the American Defense Service Medal. Therefore, the applicant is not entitled to award of this medal.

3. The applicant's WD AGO Form 53-55 shows the Asiatic Pacific Service Medal as an authorized award. His WD AGO Form 53-55 also shows he served in four battles and campaigns during World War II. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the Asiatic-Pacific Campaign Medal with four bronze service stars.

4. The applicant's unit received the Philippine Presidential Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show this unit citation.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by deleting the entry, "Asiatic Pacific Service Medal" in item 33 (Decorations and Citations) on the applicant's WD AGO Form 53-55; and

b. by adding the entries, "National Defense Service Medal", "Asiatic-Pacific Campaign Medal with four bronze service stars" and "Philippine Presidential Unit Citation" in item 33 on his WD AGO Form 53-55.

2. That so much of the application as pertains to the American Defense Service Medal be denied.

BOARD VOTE:

FNE____ MVT____ ENA_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Fred N. Eichorn____
                  CHAIRPERSON




INDEX

CASE ID AR2003083499
SUFFIX
RECON
DATE BOARDED 20030715
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0000
2.
3.
4.
5.
6.


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