PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 July 2003
         DOCKET NUMBER: AR2003087667


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Ms. Yolanda Maldonado		Member
Mr. John P. Infante		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 his discharge document be corrected to add: medals that he earned, and to which he is entitled; his qualification as a horseman; and his service in Surinam in 1943.

3. The applicant states, in effect, that he was released from the Army from the LaGarde General Hospital in New Orleans in 1943. He was not given a regular discharge because his service information was top secret at the time. He adds that he has been trying since 1943 to receive a corrected discharge document but it seems to him that the records department failed to turn up the information.

4. In support of his application, the applicant submitted a copy of his Enlistment Record and Honorable Discharge from the Army with an effective date of 24 June 1943; a GSA-Kansas City-63-0189 Form, Certification of Military Service dated 5 December 1963: a DA Form 1569, Transcript of Military Record, dated 3 June 1981; and a five page self-authored summary of his service in the Army.

5. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records and from alternate sources.

6. Records available to the Board show he enlisted in the Regular Army on 15 July 1940 at Fort Benjamin Harrison, Indiana, for a period of 3 years, for assignment in the Infantry and for duty in the Panama Canal Department.

7. The evidence of record shows that the applicant was honorably discharged in the rank of Private, Infantry Branch, from the Detachment of Patients, LaGarde General Hospital, New Orleans, Louisiana, on 24 June 1943. The applicant was provided a WD AGO Form 40, Certificate of Disability for Discharge, on his discharge date. On his discharge date, the applicant had completed 2 years, 10 months, and 16 days active Federal service.

8. The applicant's enlistment record shows he qualified in the degree of Marksman with his assigned rifle on 20 November 1940. The enlistment record shows that he was awarded no decorations, service medals or citations while in the Army. The entry opposite "Horsemanship" shows the entry, "Not mounted."

9. The DA form 1569 provided by the applicant shows that he departed from the United States on 11 September 1940. The Remarks section of the applicant's Enlistment Record shows that he was returned to the United States and specifically to the LaGarde General Hospital in New Orleans from Trinidad, British West Indies, on 4 June 1943.

10. According to WD AGO Forms 9, Roster of Troops, Monthly Roster, prepared in Company C, 33rd Infantry, the applicant was assigned to C Company, 33rd Infantry, Fort Clayton, Canal Zone, until December 1941. In December 1941, he and a number of other soldiers were deployed as a Composite Team of the US Army Forces in Surinam, to Paramaribo, Surinam. He remained in Surinam until 19 March 1943 when he was sent to the 255th Station Hospital, Port of Spain, and later to the 41st General Hospital, Trinidad, British West Indies, for evacuation to the United States due to illness.

11. The mission to Surinam was classified "Secret." The roster of troops which served as a source document for this information was re-graded Unclassified on 18 April 1957.

12. On 21 June 1971, the applicant was notified in a DA Form 1577, Authorization for Issuance of Awards, which was provided by the records custodian, that he was entitled to the American Defense Service Medal and the World War II Victory Medal.

13. The applicant applied to the Board for correction of his record on 26 August 1980. As a result of this application, the applicant was provided a DA Form 1569, dated 3 June 1981. This DA Form 1569 shows the following information in Item 20 (Remarks): Served in Panama Canal Zone and Surinam/Mounted Horsemanship/Marksman/Entitled to American Defense Service Medal w/Foreign Clasp/World War II (WWII) Victory Medal/Honorable Service Lapel Button (WWII)/24 days lost under AW 107 from 28 January thru 13 February 42 and 10 thru 16 January 43.

14. Army Regulation (AR) 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.

15. The above regulation provides, in pertinent part, for award of the American Campaign Medal. This 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.

16. This same regulation provides 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.
17. AR 600-8-22 also provides, in paragraph 6-15b for award of the Honorable Service Lapel Button (WWII) for honorable Federal service between 8 September 1939 and 31 December 1946.

18. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the 33rd Infantry Regiment was not awarded campaign participation credit nor did it receive any unit awards during the period he was a member of the unit.

19. DA Form 1569, Transcript of Military Records, was used to verify service only when furnished by the records custodian to support reports of prior military service. These transcripts could be used instead of a DD Form 214 or another of the previously issued reports of transfer or discharge.

CONCLUSIONS:

1. Entitlement to the American Defense Service Medal and the World War II Victory Medal was verified, and the applicant was notified of his entitlement to these awards in a DA Form 1577 prepared by the records custodian.

2. The applicant was provided a DA Form 1569 on 3 June 1981 in response to a DD Form 149 submitted by him on 26 August 1980. A letter of transmittal from the Office of the Adjutant General dated 3 June 1981 includes the remarks, "Forwarded is a transcript of your military service record, DA Form 1569. The seal of the Adjutant General has been affixed thereon as proof of its authenticity and may be used for any purpose you intend."

3. The DA Form 1569 was used to verify service only when furnished by the records custodian to support reports of prior military service. These transcripts could generally be used, and the Board accepts these transcripts, instead of a DD Form 214 or another of the previously issued reports of transfer or discharge but it is used primarily in conjunction with enlistment and/or reenlistment procedures.

4. The DA Form 1569 provided the applicant supports that he is entitled to the American Defense Service Medal and shows that he is entitled to the World War II Victory Medal, and the Honorable Service Lapel Button (WWII).

5. The DA Form 1569 also shows that he qualified in the degree of Marksman with his assigned rifle and that he was a qualified Mounted Horseman; accordingly, there is no further action required on the issue of horsemanship.

6. The applicant's Enlistment Records shows in Remarks that he was returned from Trinidad, British West Indies, on 4 June 1943. The evidence of record shows that the applicant was initially assigned to the Canal Zone and later assigned to the US Army Forces in Surinam in December 1941. Service in the Canal Zone and in Surinam is documented in the DA Form 1569. By this service, the applicant is entitled to award of the American Campaign Medal and it would be appropriate to award it at this time.

7. The unit, to which the applicant was assigned, the 33rd Infantry Regiment, received no campaign participation credit or unit awards during the period of time the applicant was assigned to the unit.

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

RECOMMENDATION:

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

         a. awarding the applicant the American Campaign Medal, and

b. creating a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, showing all his authorized awards as follows: American Defense Service Medal, American Campaign Medal, World War II Victory Medal, Honorable Service Lapel Button (WWII), and the Marksman Marksmanship Qualification Badge.

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

BOARD VOTE:

___ao___ ___ym___ ___jpi___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Arthur A. Omartian____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087667
SUFFIX
RECON
DATE BOARDED	2003/07/24
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2.
3.
4.
5.
6.