RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
		  

	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060013711 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. David Haasenritter

Member

Mr. John Heck

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests a promotion to first lieutenant.  She also requests award of the World War II Victory Medal, the Good Conduct Medal, the “Army Unit Meritorious Service Ribbon,” the Meritorious Service Medal, and the Army Commendation Medal with “V” Device.  

2.  The applicant states, in effect, that she was not promoted to first lieutenant because her surgical unit was too busy during World War II.  In a cover letter to the Board, the applicant’s son describes her memories of her service during World War II.    

3.  The applicant provides a copy of her WD AGO Form 53-98 (Military Record and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
29 January 1946.  The application submitted in this case is dated 20 September 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of her records to show award of the Army Commendation Medal with “V” Device.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Army Commendation Medal with “V” Device under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings.

4.  The applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

5.  The applicant entered active duty on 5 April 1943.  She served as a nurse in the European Theater of Operations from 2 September 1943 through 21 August 1945 and was released from active duty on 29 January 1946 in the rank of second lieutenant.  

6.  Item 3 (AUS [Army of the United State] Grade) on the applicant's WD AGO Form 53-98 shows she was a second lieutenant.  Her WD AGO Form 53-98 shows the European-African-Middle Eastern Campaign Medal with two bronze service stars as an authorized award.            

7.  There is no evidence in the available records which shows the applicant was promoted to first lieutenant prior to her release from active duty on 29 January 1946.
 
8.  Army Regulation 600-8-22 (Military Awards) does not show the “Army Unit Meritorious Service Ribbon” as an authorized award.  Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings. 

9.  War Department Circular 10, dated 11 January 1946, provided for the promotion of officers below the grade of colonel, and not members of the Regular Army, coincident with processing for separation from active duty.  A Second Lieutenant being relieved from active duty was eligible for promotion to First Lieutenant provided he or she met the criteria of completion of 18 months on active duty in the grade of Second Lieutenant, with an efficiency index of 40 or above.  Commanders, including commanders of separation centers, were authorized to promote officers under the provisions of this directive as an incident of relief from active duty.  

10.  Army Regulation 600-8-22 provides, in pertinent part, 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.

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  This medal was established in 1969.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-98 shows she was a second lieutenant at the time of her release from active duty on 29 January 1946.  There is no evidence of record which shows that she was promoted to first lieutenant prior to her release from active duty and regrettably without her records it cannot be determined what her efficiency index at the time of her separation was.  Therefore, there is an insufficient basis for granting her request for a promotion to first lieutenant.

2.  The applicant served a period of qualifying service for award of the World War II Victory Medal.

3.  Since the Good Conduct Medal was awarded to enlisted members, there is no basis for granting the applicant’s request for the Good Conduct Medal.

4.  Since the Meritorious Service Medal was established in 1969, there is no basis for granting the applicant’s request for this medal.

5.  Records show the applicant should have discovered the alleged errors now under consideration on 29 January 1946; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950 
(3 years after the Board was established on 2 January 1947).  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

JS_____  __DH____  ___JH___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her WD AGO Form 53-98 to add the World War II Victory Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a promotion to first lieutenant or award of the Good Conduct Medal and the Meritorious Service Medal.  



___John Slone_________
          CHAIRPERSON




INDEX

CASE ID
AR20060013711
SUFFIX

RECON

DATE BOARDED
20070419
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
.  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
131.0000
2.
107.0000
3.

4.

5.

6.