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ARMY | BCMR | CY2009 | 20090007142
Original file (20090007142.txt) Auto-classification: Approved

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090007142 


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 the records of his brother, a deceased former service member (FSM), be corrected to reflect award of the Purple Heart and the Army Good Conduct Medal.

2.  The applicant states his brother died in combat during World War II and he recently learned that his brother had never been awarded the Purple Heart or the Army Good Conduct Medal.

3.  The applicant provides a copy of a newspaper article which shows him, the FSM, and a third brother (Nicholas) as having served in the military during World War II.  The article notes the combat deaths of the FSM and the third brother (Nicholas).

CONSIDERATION OF EVIDENCE:

1.  In May 2009, after the applicant submitted his request to this Board to have his brother’s record corrected, officials at the Army’s Human Resources Command awarded the FSM the Purple Heart for wounds received in action on 25 November 1944.  As such, that issue has been resolved and need not be discussed further in these proceedings.

2.  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 possible that the FSM’s records were lost or destroyed in that fire.  However, the FSM’s War Department Report of Death was available and provided sufficient information to conduct a fair and impartial review of this case.

3.  Information available to the Board from the FSM’s War Department Report of Death indicates he initially entered military service on 23 February 1943 and was killed in action in the European theater on 25 November 1944.  The report notes the FSM was serving in the rank of private first class at the time of his death.

4.  The newspaper article, provided by the applicant in support of his request, notes the FSM had been overseas for only 2 months when he was killed in November 1944 in France.

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, 3 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 1 year of qualifying service provided that service occurred between 7 December 1941 and 2 March 1946.  The current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

6.  Army Regulation 600-8-22 also 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, or 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.

7.  Army Regulation 600-8-22 also provides for wear of a bronze service star for each campaign participation credit, to be worn on the appropriate campaign/service medal to include the European-African-Middle Eastern Campaign medal.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, while the absence of the FSM’s records makes it impossible to determine exactly what awards he may have been entitled to, his report of death and the information contained in the newspaper article do provide some evidence on which to base a decision.  The evidence does indicate the FSM served in the Army for more than 1 year prior to his death in November 1944, that he died approximately 2 months after arriving in the European theater of operations and that he attained the rank of private first class.

2.  Based on his rank it can be concluded the FSM likely served with honor and as such it would be appropriate and in the interest of justice to recognize that service with an award of the Army Good Conduct Medal.

3.  The evidence also confirms that he met the basic qualifications for award of the European-African-Middle Eastern Campaign Medal although the fact that his unit of assignment is not available precludes award of any additional unit or campaign medal.  The fact of his service in the European Theater of Operations means he participated in at least one campaign.  It would be appropriate to award the FSM the European-African-Middle Eastern Campaign Medal with one bronze service star.

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 awarding the FSM the Army Good Conduct Medal and the European-African-Middle Eastern Campaign Medal with one bronze service star.



      ____________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)                                         AR20090007142



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ABCMR Record of Proceedings (cont)                                         AR20090007142



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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