IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080010851
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
Army Commendation Medal.
2. The applicant states, in effect, that he had not noticed this award was omitted from his separation document.
3. The applicant provides copies of his WD AGO Form 53-55 and letter approval for the award of the Army Commendation Ribbon [today known as the Army Commendation 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 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.
3. On 22 August 1942, the applicant was inducted into the Army Air Force (AAF). He entered active duty on 5 September 1942. He was assigned for duty in the China Theater.
4. On 28 December 1945, the applicant was discharged in Shanghai, China, for the purpose of enlisting in the Regular Army. On 29 December 1945, he enlisted in the Regular Army beginning in the rank of technical sergeant. He was subsequently assigned to Headquarters Command, Nanking, China.
5. On 16 September 1946, the applicants commander recommended him for award of the Army Commendation Ribbon for his outstanding performance of duty. The recommendation was subsequently approved.
6. On 25 September 1946, the applicant departed China and returned to the United States on 19 October 1946. He was honorably discharged on
30 December 1946. He had completed a total of 4 years, 4 months and 10 day of creditable active service.
7. Item 33 (Decorations and Citations) of the applicants WD AGO Form 53-55 effective 30 December 1946, shows his awards as the American Theater Ribbon[now known as the American Campaign Medal], Asiatic Pacific Theater Ribbon [now known as the Asiatic-Pacific Service Medal] with three bronze service stars, Good Conduct Medal, and the [World War II] Victory Medal. It does not show award of the Army Commendation Ribbon or Medal.
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows that the applicant was recommended for and awarded the Army Commendation Medal. Therefore, his records should be corrected to show this award.
BOARD VOTE:
___X____ ___X____ ___X___ 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, in addition to the awards already shown on his WD AGO Form 53-55, effective 30 December 1946, that his awards include the Army Commendation Medal.
__________ _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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ABCMR Record of Proceedings (cont) AR20080010851
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