IN THE CASE OF:	  

		BOARD DATE:	  	  30 December 2008

		DOCKET NUMBER:  AR20080017182 


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 discharge document to show authorization of the Honorable Service Lapel Button. 

2.  The applicant states, in effect, he was issued the Honorable Service Lapel Button (commonly referred to as the “Ruptured Duck”) when he was discharged; however, it is not recorded in his military service records.  He adds that the award was not granted by the National Personnel Records Center because his discharge document states "Lapel Button Issued."

3.  The applicant provides copies of his Army of the United States, Certificate of Service, dated 23 September 1946; WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service), with an effective date of
23 September 1946; and DD Form 214 (Report of Separation from the Armed Forces of the United States), with an effective date of 12 July 1952.

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 personnel records contain a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) that shows he was inducted into the Army of the United States (AUS) and entered active duty on 22 August 1944.  Item 30 (Military Occupational Specialty [MOS] and Number) shows he was awarded MOS 114 (Machinist).  Item 31 (Military Qualification and Date) shows he qualified with the M-1 rifle and was authorized the Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 33 (Decorations and Citations) shows he was awarded the Good Conduct Medal.
The WD AGO Form 53-55 also shows that the applicant completed 11 months and 26 days of continental service and was honorably discharged on 17 August 1945 under the provisions of Army Regulation 615-365 for the convenience of the Government to accept appointment as a second lieutenant (2LT) on active duty in the AUS.

3.  The applicant’s military personnel records contain a WD AGO Form 53-98 that shows he entered active duty on 18 August 1945 and was honorably released from active duty in the rank of 2LT on 23 September 1946 based on demobilization.  Item 29 (Decorations and Citations) shows he was awarded the Army of Occupation Medal and World War Victory Medal.  Item 43 (Remarks), in pertinent part, contains the entry “LAPEL BUTTON ISSUED.”

4.  The applicant’s military personnel records show he entered the National Guard of the United States (NGUS) in the rank of 2LT on 30 October 1947. 

5.  The applicant’s available military personnel records contain a DD Form 214 that shows he was ordered to active duty from the NGUS, entered into active service on 5 September 1950, and was honorably released from active duty in the rank of first lieutenant (1LT) on 12 July 1952 based on Section 21, University Military Training and Service Act, as amended by Department of the Army Bulletin 12 (1952).  At the time he had completed 1 year, 10 months, and 8 days net service for pay purposes this period; 0 years, 7 months, and 12 days foreign service; 6 years, 10 months, and 13 days other service; and 7 years, 10 months, and 21 days total net service for pay purposes.  Item 27 (Decorations and Citations) contains the entry “None.”

6.  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.

7.  Army Regulation 600-8-22, paragraph 6-16 (Lapel buttons for service), in pertinent part, provides that the Honorable Service Lapel Button (World War II Victory Medal) is a button of gold-color metal consisting of an eagle perched within a ring composed of a chief and 13 vertical stripes.  The button is 7/16-inch high and 5/8-inch wide.  The lapel button is not an award.  It is a gratuitous issue item.  The eligibility requirements are honorable Federal military service between 8 September 1939 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, his discharge document should be corrected to show authorization of the Honorable Service Lapel Button. 

2.  The evidence of record shows that the applicant’s service qualified him for award of the World War II Victory Medal and therefore, the Honorable Service Lapel Button (World War II Victory Medal) or “Ruptured Duck” lapel button.  The evidence of record also shows the World War II Victory Medal is recorded in Item 29 of the applicant’s WD AGO Form 53-98, along with the fact that he was issued the Honorable Service Lapel Button for his service in World War II (i.e., "Lapel Button Issued") in Item 43.  Thus, the applicant's discharge document accurately reflects that he was awarded the World War II Victory Medal and issued the corresponding Honorable Service Lapel Button (World War II Victory Medal) or "Ruptured Duck."  Therefore, there is no need to correct his records in this instance.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_____X___  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20080017182



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ABCMR Record of Proceedings (cont)                                         AR20080017182



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