IN THE CASE OF:
BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090010504
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 daughter of a deceased former service member (FSM), requests that she be authorized the issuance of the American Defense Service Medal on behalf of the FSM.
2. The applicant essentially states that the American Defense Service Medal is listed on the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and it was authenticated by Army personnel. She also states that she is entitled to have this medal issued to her for the FSM's estate, but that the National Personnel Records Center informed her that the FSM's dates of service indicate that she is not authorized to receive the American Defense Service Medal.
3. The applicant provides the FSM's WD AGO Form 53-55; a letter, dated
1 June 2009, from the Army Review Boards Agency Support Division in
St. Louis, MO; her State of Indiana Certificate of Birth issued on 26 July 2005; the FSM's Indiana State Department of Health Certificate of Death, dated
4 November 2008; a letter, dated 4 May 2009, from the National Personnel Records Center; the FSM's WD AGO Form 100 (Army Separation Qualification Record) and Honorable Discharge Certificate; and a Records Chief, The American War Library (REC-AMW) Form 201-A (Eligibility for Display
Recognitions and Replacement Medals) from a non-governmental organization in support of this application.
CONSIDERATION OF EVIDENCE:
1. 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 were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
2. The available records show that the FSM was inducted into the Army of the United States and entered active service on 13 January 1942 at Fort Thomas, KY. He was awarded military occupational specialty (MOS) 345 (Light Truck Driver). He departed the continental United States (CONUS) on 26 May 1942 for the Asiatic-Pacific Theater of Operations (APTO) and he arrived there on
18 June 1942. He participated in the East Indies, Papua, and New Guinea campaigns during World War II. He departed the APTO on 7 May 1945 and he returned to CONUS on 22 May 1945. On 4 June 1945, he was honorably discharged from the Army. The WD AGO Form 53-55 that he was issued at the time of his discharge essentially shows that he was awarded the Asiatic-Pacific Campaign Medal with three bronze service stars, American Defense Service Medal, Army Good Conduct Medal, and the Distinguished Unit Citation (which was subsequently redesignated as the Presidential Unit Citation.).
3. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.
DISCUSSION AND CONCLUSIONS:
It is clear that the FSM's WD AGO Form 53-55 incorrectly shows that he was awarded the American Defense Service Medal. However, as it is the policy of the ABCMR not to correct a record to reflect a change that will make the individual concerned worse off than before applying, no action will be taken to remove the American Defense Service Medal from the FSM's WD AGO Form
53-55. Notwithstanding the aforementioned policy, as the FSM clearly was not entitled to this award, there is no basis for authorizing the issuance of this award to the applicant.
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 FSM in service to the United States during World War II. The applicant and all Americans should be justifiably proud of his honorable 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) AR20090010504
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ABCMR Record of Proceedings (cont) AR20090010504
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