RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 January 2008
DOCKET NUMBER: AR20070009756
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. William D. Powers
Chairperson
Mr. Jerome L. Pionk
Member
Mr. Donald W. Steenfott
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 correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the American Campaign Medal.
2. The applicant states that he served overseas for 2 years and 8 days.
3. The applicant provides copies of his WD AGO Form 53-55 and an information sheet showing eligibility criteria for award of the American Campaign Medal.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records for the period from 1943 through 1945 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 FSM's records were lost or destroyed in that fire. However, there are sufficient documents remaining for the Board to conduct a fair and impartial review of this case.
3. On 11 March 1943, the applicant was inducted into the Army of the United States. He was awarded a military occupational specialty of 055 (Clerk Typist).
4. On 17 October 1943, the applicant departed the United States for duty in the Pacific Theater of Operations. The available records do not provide information as to the specific locations of his duty assignment. His WD AGO Form 53-55 does not list any battles or campaigns. He returned to the United States on
27 May 1945.
5. On 23 December 1945, the applicant was honorably discharged. He had attained the rank of technician fifth grade and had completed 2 years and 8 days of overseas service.
6. Item 33 (Decorations and Citations) of his WD AGO 53-55, lists his awards as the Good Conduct Medal, Asiatic Pacific Service Medal, and the World War II Victory Medal. It does not show award of the American Campaign Medal.
7. Army Regulation 600-8-22 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 for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, 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.
8. The applicant continued to serve in the Army National Guard completing
31 years, 9 months and 12 days of non-regular service. On 12 February 1984, the applicant was placed on the Retired List. He had attained the rank of sergeant first class, pay grade E7.
DISCUSSION AND CONCLUSIONS:
The evidence clearly shows that the applicant served during a qualifying period for award of the American Campaign Medal. Therefore, his records should be corrected to show this award.
BOARD VOTE:
__JLP___ __WDP _ __DWS _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the American Campaign Medal.
William D. Powers _____
CHAIRPERSON
INDEX
CASE ID
AR20070009756
SUFFIX
RECON
DATE BOARDED
20080110
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
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