IN THE CASE OF:
BOARD DATE: 23 JULY 2009
DOCKET NUMBER: AR20090004710
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 that he be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states that he has been looking for his award of the AGCM and to date nothing has been issued.
3. The applicant provides a copy of his War Department Form 372A (Final Payment-Worksheet), a copy of his WD AGO Form 100 (Separation Qualification Record), and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) in support of his 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 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 applicants 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 applicants 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. The applicant was born on 9 August 1912 and he was inducted into the Army of the United States on 8 February 1945, at Camp Beale, California. He completed his training as a meat and dairy inspector and he was assigned to the Area Veterinarian Detachment Service Command Unit (SCU) 1962.
4. On 8 December 1945, he was honorably discharged at Fort Ord, California, in the rank of private, which is the highest rank he held during his tenure of service. He served 10 months of total active service and he was awarded the World War II Victory Medal.
5. Army Regulation 600-8-22 (Military Awards) provides that the Army 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 Army 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 Army 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. The applicant's contention that he should have been awarded the AGCM for his service during the period 8 February to 8 December 1945 has been carefully considered.
2. The minimum time necessary for award of the AGCM during the period the applicant served on active duty was 12 months (1 year). However, the applicant served only 10 months of active duty; therefore, he was not eligible for award of the AGCM.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
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 the United States during the World War II. The applicant and all Americans should be justifiably proud of his 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) AR20090004710
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004710
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110024299
Therefore, it would be appropriate to award him the AGCM (1st Award) based on his completion of a qualifying period of Federal military service from 1 June 1943 through 6 June 1945 and to correct his WD AGO Form 53-55 to show this award. The available evidence shows the applicant completed a period of qualifying service for award of the EAME Campaign Medal with two bronze service stars. Adding the following awards to item 33 of his WD AGO Form 53-55: (1) AGCM (1st award) (2) the...
ARMY | BCMR | CY2013 | 20130017370
The applicant provides: * three applications * his birth certificate * the FSM's death certificate * the FSM's Certification of Military Service from 16 April 1942 to 31 May 1945 * the FSM's WD AGO Form 53-98 * the FSM's Certification of Military Service from 1 June 1945 to 23 December 1945 * special orders, dated 10 January 1944, 24 September 1945, and 26 September 1945 * the FSM's battlefield appointment document * the FSM's orders for award of the Silver Star * the FSM's appointment...
ARMY | BCMR | CY2009 | 20090016439
The applicant's military record is not available to the Board for review. Absent any derogatory information or unit commander disqualification on his WD AGO Form 53-55 or in his NPRC file, it would be appropriate and serve the interest of equity and justice to award the applicant the AGCM for his qualifying honorable active duty service from 18 January 1943 through 1 November 1945, and to add this award to his WD AGO Form 53-55. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2004 | 20040007931C070208
The applicant provides the following documents in support of his application: WD AGO FORM 53-55, Separation Qualification Record (WD AGO Form 100), Department of Veterans Affairs (VA) Rating Decision Document Extracts and VA Discharge Summary. The applicant’s military records are not available to the Board for review. However, by regulation, in order to support award of the PH, there must be evidence that a member received a combat related wound/injury as a direct result of, or that...
ARMY | BCMR | CY2007 | 20070018158
The applicant's military service records are not available to the Board for review. Therefore, his records should be corrected to show award of this service medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action on 22 December 1943 in the European Theater of Operations; b. deleting from Item 29 of his WD AGO Form 53-98 the European-African-Middle...
ARMY | BCMR | CY2014 | 20140001096
The applicant, the son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to add: * Distinctive Unit Badge (properly known as Distinguished Unit Citation and currently known as the Presidential Unit Citation) * Belgian Fourragere * American Campaign Medal * Marksmanship Qualification Badge with Rifle Bar 2. The applicant has not submitted sufficient evidence and the FSM's record...
ARMY | BCMR | CY2001 | 2001062383C070421
The applicant states, in effect, that he should be awarded the AGCM based on his honorable enlisted service from 18 February 1941 to 21 June 1943. Therefore, the Board concludes that the applicant’s record should be corrected to show he earned 3 bronze service stars for his European-African-Middle Eastern Campaign Medal, based on his participation in 3 campaigns during his assignment tenure in the ETO. That all of the Department of the Army records related to this case be corrected by...
ARMY | BCMR | CY2013 | 20130005420
The applicant's military complete records are not available to the Board for review. His records contain an endorsement to his service record showing he was favorably considered for award of the Army Good Conduct Medal (AGCM) and his character and efficiency were rated "excellent." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the BSM based on award of the Combat Infantryman Badge; b. awarding him the...
ARMY | BCMR | CY2010 | 20100018400
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the award of the Presidential Unit Citation (PUC). The applicant was assigned to the 466th Parachute Field Artillery Battalion during the period it was awarded the PUC for its participation in Operation Varsity. Accordingly, he is entitled to correction of his WD AGO Form 53-55 to show this unit award. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2002 | 2002075974C070403
It confirms that the applicant’s unit, the 522 nd Infantry Regiment, participated in the Army of Occupation of Austria from 15 August through 31 October 1946, during his tenure of assignment. The WD AGO Forms 53-55 on file verify that the applicant completed a total 1 year, 10 months, and 2 days of honorable active military service from 8 January 1945 through 9 November 1946. That all of the Department of the Army records related to this case be corrected by awarding the individual...