IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080007336
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, 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 knows he is not entitled to award of the American Campaign Medal, but was told by personnel at the National Personnel Records Center (NPRC) that he is entitled. It does not seem so wrong for him to get this medal, especially since he was informed that he was eligible for it. He is now 82 years of age and is writing to petition the Board to bend the rules a little and award him the American Campaign Medal.
3. The applicant provides a copy of his WD AGO Form 53-55 and letters from the NPRC dated in 2005 and 2008.
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 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, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The applicants WD AGO Form 53-55 shows:
a. that he was inducted into the Army of the United States on
23 September 1943 and subsequently entered active duty on 14 October 1943;
b. that he served in the United States during the periods from
23 September 1943 to 5 April 1944 (6 months and 13 days) and from 10 January to 1 March 1946 (1 month and 23 days) and that his total service in the United States equals 7 months and 6 days; and
c. that he served in the European Theater of Operations from 6 April 1944 to 10 January 1946 and was subsequently discharged on 1 March 1946; and
d. that his awards include the Purple Heart, Good Conduct Medal, European-African-Middle Eastern Campaign Medal, World War II Victory Medal, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar. It does not include the American Campaign Medal.
4. On 30 March 2005, personnel at the NPRC wrote a letter informing the applicant that he was entitled to receive the American Campaign Medal.
5. On 10 April 2008, personnel at the NPRC wrote the applicant another letter informing him that the American Campaign Medal was awarded for service within the continental limits of the United States for a period of 1 year or more between 7 December 1941 and 2 March 1946. It further informed him that he had not served an entire year within the continental limits of the United States during this period of time and was not eligible to receive the medal.
6. 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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that the applicant does not qualify for award of the American Campaign Medal.
2. While the NPRC did err when it informed the applicant that he was entitled to receive the American Campaign Medal, the mistake was corrected in their subsequent letter. In any case, their initial error is not justification for this Board to bend the rules to now award him the American Campaign Medal.
3. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X__ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080007336
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