IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090010950 


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 husband, a former service member (FSM), be corrected to add the Army Good Conduct Medal (AGCM) and American Campaign Medal (ACM).

2.  The applicant states she has the aforementioned ribbons and a photograph of the FSM wearing the AGCM.

3.  The applicant provides copies of the FSM's death certificate, photograph, WD AGO Form 100 (Separation Qualification Record), WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), and discharge certificates in support of the 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 FSM's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using a reconstructed record that consists of the FSM's WD AGO Form 53-55, WD AGO Form 100, documents remaining on file in the FSM's NPRC file, and the documents provided by the applicant.

3.  The FSM's WD AGO Form 100 shows he entered active service on 2 June 1945 and served until being honorably separated on 15 April 1947.  It further shows he held and served in the following military occupational specialties (MOS) and positions for the periods indicated:  MOS 055, clerk general, 2 months; MOS 511, armorer, 3 months; MOS 835, supply clerk, 4 months; and MOS 821, supply noncommissioned officer, 6 months.  I also shows he served with the 259th Replacement Company, 4th Replacement Depot, in Japan.  The additional information portion of the form indicates he enlisted in the Regular Army on 28 October 1945 after previous service in the Army of the United States.

4.  The FSM's WD AGO Form 53-55 shows he served in the Pacific theater of operations (PTO) from 7 January 1946 through 16 February 1947, and that he was honorably separated on 15 April 1947.  Item 33 (Decorations and Citations) shows he earned the following awards during his active duty tenure:  Meritorious Unit Commendation, Asiatic-Pacific Campaign Medal, World War II Victory Medal, and Army of Occupation Medal.

5.  Item 37 (Total Length of Service) of the FSM's WD AGO Form 53-55 shows he completed a total of 1 year, 5 months, and 18 days of active military service during the period covered by the document (28 October 1954-15 April 1947), of which 1 year, 2 months, and 24 days were served overseas.  Item 39 (Prior Service) shows he completed 4 months and 26 days of prior Army service.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Chapter 4 prescribes the policy for award of the AGCM.  It states, in pertinent part, that it is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  Qualifying periods for the AGCM are as follows:

	a.  each 3 years completed on or after 27 August 1940;

	b.  for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946;

	c.  for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year; 

	d.  for first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty; and 

	e.  for first award only, for those individuals who died before completing 1 year of active Federal military service if the death occurred in the line of duty.

8.  Paragraph 5-15 of Army Regulation 600-8-22 contains guidance on the ACM. 
It states, in pertinent part, that it is authorized for service in the American theater between 7 December 1941 and 2 March 1946 for an aggregate period of 1 year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the record of the FSM be corrected by adding the Army Good Conduct Medal (AGCM) and American Campaign Medal (ACM) was carefully considered.  However, the evidence is insufficient to support this claim.

2.  By regulation, during the period the FSM served, the AGCM was authorized for 3 years of active duty service completed on or after 27 August 1940 and, for the first award only, for a period of 1 year served entirely during the period 7 December 1941 to 2 March 1946.

3.  The evidence shows the applicant completed a total of 1 year, 10 months, and 14 days of active military service between 2 June 1945 and 15 April 1947 and did not complete 1 year of service entirely during the period 7 December 1941 to 2 March 1946.  As a result, he did not meet the regulatory criteria necessary to be awarded the AGCM at the time.  Therefore, it would not be appropriate or serve the interest of all those who served during the period and faced similar circumstances to grant this portion of the requested relief.

4.  The applicant's contention that the ACM should be added to the FSM's separation record was also carefully considered.  However, by regulation, to qualify for the ACM, a member had to complete an aggregate period of 1 year in the American theater.  The applicant completed only 2 months and 24 days of continental service (i.e., service in the American Theater).  As a result, he did not qualify for the ACM.

5.  The applicant and all others concerned should know that this action related to award of the AGCM and ACM 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 the FSM's 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)                                         AR20090010950



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ABCMR Record of Proceedings (cont)                                         AR20090010950



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