IN THE CASE OF:	

		BOARD DATE:	  9 April 2009

		DOCKET NUMBER:  AR20080017195 


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 the European-African-Middle Eastern Campaign Medal, the American Campaign Medal, and a Marksman Marksmanship Qualification Badge with Carbine, Rifle, Bayonet, and Machine Gun Bars.

2.  The applicant states he is entitled to these awards and he wants to receive them.

3.  The applicant provides, in support of his application, copies of his WD AGO 
Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 29 October 1945; his certificate of discharge, dated 1 April 1947; a photograph; and four pages from the internet describing the European-African-Middle Eastern Campaign Medal and the America 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 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 complete military records are not available 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 and submitted by the applicant to conduct a fair and impartial review of this case.  

3.  The applicant's military personnel records show he was inducted into the Army of the United States on 25 October 1945 and entered active duty the same day.  On 29 October 1945, he was discharged and immediately reenlisted in the Regular Army on 30 October 1945.

4.  The applicant's WD AGO Form 53-55 with a date of separation of 1 April 1947 shows he departed the continental U.S. on 20 April 1946 and arrived in the European theater of operations (ETO) on 30 April 1946.  He departed the ETO on 1 January 1947 and arrived in the continental U.S. on 16 January 1947.

5.  On 1 April 1947, the applicant was released from active duty.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show he was authorized the European-African-Middle Eastern Campaign Medal or the American Campaign Medal.  Item 33 also does not show the applicant was awarded any marksmanship qualification badges.

6.  There are no orders or other official documentation available to show the applicant was awarded the Marksman Marksmanship Qualification Badge.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.

8.  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 U.S. but within the American theater of operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, duty outside the continental U.S. as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, 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 U.S. for an aggregate period of 1 year.

9.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The period of eligibility for the European-African-Middle Eastern Campaign Medal ended on 8 November 1945.  The applicant did not arrive in the ETO until 20 April 1946.  Therefore, the applicant is not authorized the European-African-Middle Eastern Campaign Medal.

2.  There is no evidence the applicant served outside the continental U.S. in the American theater.  The applicant served in the continental U.S. from 25 October 1945 to 20 April 1946, a period of 5 months and 26 days.  He also served in the continental U.S. from 16 January 1947 to 1 April 1947, a period of 2 months and 16 days.  The eligibility criteria for the American Campaign Medal indicated an individual had to serve an aggregate of at least 1 year in the continental U.S.  Therefore, the applicant does not meet the criteria for the American Campaign Medal.

3.  There is no official documentation or other evidence the applicant was awarded the Marksman Marksmanship Qualification Badge with the Carbine, Rifle, Bayonet, and Machine Gun Bars.  Therefore, there is insufficient evidence to award the applicant this badge.



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)                                         AR20080017195



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ABCMR Record of Proceedings (cont)                                         AR20080017195



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