IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100007424 


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 son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) to show award of the Army Commendation Medal and the China War Memorial Medal.

2.  The applicant states the National Personnel Records Center (NPRC) would not award the FSM the Army Commendation Medal.  He also states the FSM received the China War Memorial Medal for his service in China.

3.  The applicant provides copies of the FSM's WD AGO Form 55 (Honorable Discharge and Enlisted Record); WD AGO Form 53-98; WD AGO Form 100 (Separation Qualification Record); commendation certificate for service with the Chinese Combat Command; letter of commendation, dated 16 December 1945; Honorable Discharge Certificate, dated 1 April 1953; China War Memorial Medal information sheet from Medals of America Online; NPRC letter, dated 2 December 2009; and the FSM's certificate of death.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the FSM's 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.

2.  On 14 December 1942, the FSM was inducted into the Army of the United States.  He was awarded military occupational specialty 502 (Administrative Noncommissioned Officer).  He attended and graduated from the Ordnance Officer Candidate School in September 1944.

3.  On 15 September 1944, the FSM was discharged from the Army of the United States.  He had attained the rank of corporal and completed 1 year, 9 months, and 2 days of creditable active duty service.  During this period he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Medal.

4.  On 16 September 1944, the FSM was appointed as a second lieutenant, Ordnance Branch, with immediate call to active duty.

5.  On 23 March 1945, the FSM departed the United States for duty in the Pacific theater of operations.  He participated in the China Offensive Campaign and returned to the United States on 24 June 1946.

6.  The FSM's WD AGO Form 100 reports that he served as an artillery maintenance and repair officer for 15 months overseas.  During this time he was in charge of 10 Chinese and 2 American enlisted men.  Later he served as the commanding officer of a replacement depot where he was responsible for supplies, equipment, food, housing, and administration for 2400 men.

7.  The FSM's commendation certificate commends him for outstanding and meritorious service with the Chinese Combat Command from January to September 1945.  This certificate is signed by a U. S. Army major general, commanding.

8.  In a letter, dated 16 December 1945, the Commanding General, China Theater Replacement Service, a brigadier general, commended the FSM for the excellent manner in which he performed his duties as an ordnance officer.

9.  On 15 August 1946, the FSM was released from active duty.  He had attained the rank of first lieutenant and had completed 1 year and 11 months of creditable active duty as a commissioned officer.

10.  Item 28 (Battles and Campaigns) of the FSM's WD AGO Form 53-98 shows he participated in the China Offensive.

11.  Item 29 (Decorations and Citations) of the FSM's WD AGO Form 53-98 shows his awards as the American Campaign Medal, Asiatic Pacific Campaign Medal, and World War II Victory Medal.
12.  Public Law 80-134 authorized acceptance and wear of foreign awards and decorations during World War II for the period 7 December 1941 through 24 July 1948.  This included the Medal in Commemoration of Victory in Resistance Against Aggression, more commonly known as the China War Memorial Medal.  This medal was established by the Republic of China in 1944 and issued in October 1946.

13.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's records should be corrected to show he was awarded the Army Commendation Medal and the China War Memorial Medal.

2.  The applicant requests award of the Army Commendation Medal based on the letter of commendation signed by a brigadier general on 16 December 1945 and a certificate of commendation for outstanding and meritorious service that was signed by a major general.  Regulatory guidance requires that such commendations be signed by officers in the rank of major general or higher to qualify for award of the Army Commendation Medal.  Accordingly, the applicant's request should be granted.

3.  The available evidence clearly shows the FSM served during a qualifying period for award of the China War Memorial Medal.  Therefore, his WD AGO Form 53-98 should be corrected to show this foreign award.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

	a.  awarding the FSM the Army Commendation Medal for his outstanding  and meritorious service with the Chinese Combat Command from January to September 1945; and 

	b.  showing, in addition to the awards already shown on the FSM's WD AGO 
Form 53-98, that his awards include the Army Commendation Medal and the China War Memorial Medal.



_____________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)                                         AR20100007424



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)