IN THE CASE OF:	  

		BOARD DATE:	        22 JULY 2008

		DOCKET NUMBER:  AR20080008249 


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, that his Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show that he was awarded the Army Good Conduct Medal.

2.  The applicant states that he earned the Army Good Conduct Medal; however, the words were omitted from his WD AGO Form 53-55.  He states that it was an honor for him to have served in the best and greatest Army in the World, the Army of the United States for 3 years and 4 months.

3.  The applicant provides in support of his application, an addendum to his Application for Correction of Military Records (DD Form 149), which he prepared and signed in order to answer each block contained on his DD Form 149; a self- authored letter addressed to the Army Review Boards Agency dated 17 April 2008; a copy his WD AGO Form 66-4 (Officer's and Warrant Officer's Qualification Card Copy); a copy of his Honorable Discharge Certificate dated
25 July 1945; a copy of his WD AGO Form 53-55 dated 25 July 1945; a copy of his Certificate of Service dated 26 September 1946; and a copy of his WD AGO Form 53-55 dated 26 September 1946.

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 applicant’s 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 applicant’s 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 submitted sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the United States Army Reserve in Fordham, New York, on 3 November 1942.  He entered into active duty on 22 May 1943 and he successfully completed his training as a rifleman.

4.  After completing 2 Years, 8 months, and 23 days of net active service, the applicant was honorably released from active duty (REFRAD) on 25 July 1945 to accept an appointment as a second lieutenant (O-1) in the Army of the United States.

5.  The WD AGO Form 53-55 that the applicant was furnished at the time of his REFRAD shows that qualified for award of the Marksman Marksmanship Qualification Badge with Carbine Bar (M-1).

6.  On 26 July 1945, the applicant accepted an appointment in the grade of O-1 in the Army of the United States as a commissioned officer.  

7.  The applicant's WD AGO Form 66-4 shows that during this period of service on active duty, he was authorized to wear the Army Good Conduct Medal, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp, and the American Theater Ribbon.  His WD AGO Form 66-4 also shows that he qualified for award of the Marksman Marksmanship Qualification Badge with Carbine Bar (M-1), which is reflected on his WD AGO Form 53-55 for the period ending 25 July 1945.




8.  On 26 September 1946, after completing 1 year and 2 months of net active service this period, the applicant was honorably REFRAD due to demobilization. The WD AGO Form 53-55 that he was furnished at the time of his REFRAD shows that he was awarded the American Campaign Medal, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal [with Germany Clasp], and the Army Lapel Button.  However, the Army Good Conduct Medal and the Marksman Marksmanship Qualification Bade with Carbine Bar (M-1) were omitted from his WD AGO Form 53-55 dated
26 September 1946.

9.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  It appears that an error was made during the preparation of the applicant's WD AGO Form 53-55, which resulted in the Army Good Conduct Medal and the Marksman Marksmanship Qualification Bade with Carbine Bar (M-1) being omitted.

2.  His WD AGO Form 66-4 clearly shows that he was authorized wear of the Army Good Conduct Medal and the Marksman Marksmanship Qualification Bade with Carbine Bar (M-1) and both of these awards should have been included on his WD AGO Form 53-55 for the period ending 26 September 1946 at the time that it was prepared.

3.  In view of the foregoing, it would be appropriate to correct the applicant's records as recommended below.







BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 amending his WD AGO Form 53-55 dated 26 September 1946 to show that he was awarded the Army Good Conduct Medal and the Marksman Marksmanship Qualification Bade with Carbine Bar (M-1).



      ___        XXX                ___
                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)                                         AR20080008249



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ABCMR Record of Proceedings (cont)                                         AR20080008249



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