IN THE CASE OF:	  

		BOARD DATE:	        03 FEBRUARY 2009

		DOCKET NUMBER:  AR20080017255 


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, the son of a deceased former service member (FSM), essentially requests that he be authorized the issuance of the American Theater Ribbon (now known as the American Campaign Medal) based on the FSM's service during World War II. 

2.  The applicant states, in effect, that the FSM's record is in error because he was not authorized the shipment of the American Campaign Medal by the National Personnel Records Center.

3.  The applicant provides the FSM's Certificate of Service, a partially cut off copy of a transcribed version of the FSM's WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service), and the FSM's Certificate of Death in support of this application.

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 majority of the FSM’s 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 majority of the FSM's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

3.  The available records show that the FSM entered active duty in the Army of the United States on 16 November 1943.  He served in the Medical Corps as a neuropsychiatrist, and was honorably separated on 15 November 1946 after having completed 3 years of service in the continental United States.  The FSM's WD AGO Form 53-98 essentially shows that he was awarded the World War II Victory Medal, the American Theater Ribbon, and the World War II Honorable Service Lapel Button.

4.  In a letter, dated 8 September 2008, the National Personnel Records Center informed the applicant that based on the documents he provided and/or official documents, he was authorized to have the World War II Victory Medal and the World War II Honorable Service Lapel Button shipped to him based on the FSM's service during World War II.  This letter did not authorize the issuance of the American Campaign Medal.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Campaign Medal.  Originally issued as the American Theater Ribbon, the American 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, or 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 1 year.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-3 provides guidance on who may apply.  It states, in pertinent part, that depending on the circumstances, a child, spouse, parent or other close relative, heir, or legal representative (such as a guardian or executor) of the Soldier or FSM may be able to demonstrate a proper interest.  Applicants must send proof of proper interest with the application when requesting correction of another person's military records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant, the son of a deceased FSM, contends that he should be authorized the issuance of the American Campaign Medal based on the FSM's service during World War II.

2.  The FSM's Certificate of Death shows that the FSM's spouse predeceased him, and that the applicant was the informant for the FSM's death.  As a result, this document demonstrates that he has a proper interest in this case and satisfies the regulatory criteria necessary to establish his right to have this case considered by the ABCMR.

3.  While it is unclear why the National Personnel Records Center did not authorize the shipment of the American Campaign Medal to the applicant based on the FSM's service during World War II (perhaps because the clerk did not realize that this medal is the current name of the American Theater Ribbon), the evidence of record clearly shows that he served 3 years of service in the continental United States during a qualifying period for award of the American Campaign Medal.  The FSM's WD AGO Form 53-98 also clearly shows that he was awarded the American Theater Ribbon.  The FSM was clearly entitled to and awarded what is now called the American Campaign Medal.  To avoid any possible confusion, it would be appropriate at this time to amend the FSM's WD AGO 53-98 to delete the American Theater Ribbon and to add the American Campaign Medal and to authorize the shipment of the American Campaign Medal to the applicant based on the FSM's service during World War II.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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:

      a.  amending his WD AGO Form 53-98 to delete the American Theater Ribbon; 

     b.  amending his WD AGO Form 53-98 to add the American Campaign Medal; and

     c.  authorizing the shipment of the American Campaign Medal to the applicant based on the FSM's service during World War II.

2.  The Board wants the applicant and all others to know that the sacrifices made by his late father in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      _________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)                                         AR20080017255



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ABCMR Record of Proceedings (cont)                                         AR20080017255



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