BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090008641 


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, that the records of her deceased former spouse, a former service member (FSM), be corrected to show all awards and decorations to which he was entitled.  The applicant also requests a DD Form 214 be issued to summarize the FSM's active duty service.

2.  The applicant states that the FSM already possesses the Army Good Conduct Medal, Asiatic-Pacific Campaign Medal, World War II Victory Medal, and American Campaign Medal.

3.  The applicant provides a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and a Certificate of Death as documentary evidence in support of this application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the applicant's request receive favorable consideration.

2.  Counsel states nothing on behalf of the applicant or FSM.

3.  Counsel provides no documentary evidence in support of this application.


CONSIDERATION OF EVIDENCE:

1.  Colorado Department of Public Health and Environment Certificate of Death, dated 23 May 2008, shows the FSM died on 18 May 2008.  This form also confirms the fact that the applicant and the FSM were married.

2.  The FSM's complete military service record is 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 FSM's records were lost or destroyed in that fire.  However, there were sufficient documents on file to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 8 December 1942 and entered active duty on 15 December 1942.  Upon completion of initial entry training, he was assigned to the Military Police branch.  The FSM's military occupational specialty at the time of separation was 590 (cooks helper).  The highest grade the FSM attained during his active duty service was private first class and that was the grade he held on the date of his separation.  The FSM was demobilized and issued an honorable discharge on 5 November 1945 after completing a total of 2 years, 10 months, and 20 days of active military service.  The FSM was assigned to Military Police Detachment, Section I, 1457th Service Command Unit at the time of his separation.

4.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows "none" which indicates that he did not personally participate in any battles or campaigns.

5.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal, Asiatic-Pacific Campaign Medal, World War II Victory Medal, and American Campaign Medal.

6.  Item 34 (Wounds Received in Action) of this form shows "None" which indicates the FSM did not sustain any wounds in combat.

7.  Item 36 (Service Outside Continental U.S. and Return) of the FSM'S WD AGO Form 53-55 shows that he served in New Caledonia (located in the Asiatic-Pacific theater of operations) for a period of 1 year, 7 months, and 4 days.

8.  Item 39 (Prior Service) of the FSM'S WD AGO Form 53-55 shows "none" which indicates that he did not have any prior military service.

9.  Item 55 (Remarks) of the FSM'S WD AGO Form 53-55 shows he was issued an Army Lapel Button prior to his separation.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II.  This pamphlet does not show that the FSM's last unit of assignment was entitled to any of the aforementioned recognition.

11.  War Department Technical Manual 12-236 (Preparation of Separation Forms), dated April 1945, provided that a WD AGO Form 53-55 would be prepared and issued to Soldiers who were being separated from the Army with an honorable discharge.  The WD AGO Form 53-55 was used for this purpose until it was replaced by the DD Form 214 (Report of Separation from the Armed Forces of the United States) in January 1950.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that the FSM's records should be corrected to show all awards and decorations to which he was entitled and that a DD Form 214 should be issued to summarize the FSM's active duty service were carefully considered.

2.  Regulatory policy in effect at the time of the FSM's separation provided that a WD AGO Form 53-55 would be prepared and issued to Soldiers who were being separated from the Army with an honorable discharge.  The FSM was issued a WD AGO Form 53-55 at the time of his separation.  The DD Form 214 was not implemented until 1950, 5 years after the FSM was discharged.  Therefore, he is not entitled to receive a DD Form 214.

3.  The FSM’s last unit of assignment is indicated on his WD AGO Form 53-55; however, the available records do not show what unit he was assigned to while overseas.  Therefore, it cannot be determined what further awards he might be eligible for based on his unit of assignment.

4.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that the FSM was entitled to any additional awards or decorations.

5.  In the absence of evidence to the contrary, administrative regularity is presumed in the applicant's case.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  This action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x_____  ___x__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      _____________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)                                         AR20090008641



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ABCMR Record of Proceedings (cont)                                         AR20090008641



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