DOCKET NUMBER:  AR20100010137 


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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of or authorization to wear the:

* Asiatic-Pacific Campaign Medal
* Good Conduct Medal
* World War II Victory Medal
* Honorable Service Lapel Button

2.  He states, in effect, he earned the requested awards and decorations while serving on active duty during World War II.  He also states he does not have a copy of his discharge document and desires to be issued one once the requested corrections have been made.

3.  He provides a page extracted from the Grady County, GA Memorial Log website (www.gradymilitary.us) which depicts a synopsis of his military service.

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.  His 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 in 1973.  It is believed that his 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 reconstructed records, which primarily consist of his WD AGO Form 53-55 provided by the National Personnel Records Center.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 5 March 1943 and entered active duty on 12 March 1943.  His military occupational specialty was 835 (Supply Clerk).  He held the rank of private first class on the date of his separation and this was the highest rank he attained while serving on active duty.  He was honorably discharged on 13 April 1945 after completing a total of 2 years, 1 month, and 3 days of active military service.

4.  His WD AGO Form 53-55 contains the following pertinent information:

* Item 32 (Battles and Campaigns) indicates he did not participate in any battles or campaigns during his period of service
* Item 33 (Decorations and Citations) shows award of the Asiatic-Pacific Theatre Medal [properly knows as the Asiatic-Pacific Campaign Medal]
* Item 36 (Service Outside Continental U.S. and Return) shows he served in the Asiatic-Pacific Theater from 20 October 1943 through 4 December 1944
* Item 55 (Remarks) does not show he was entitled to an Army Good Conduct Medal 

5.  He provides a page extracted from the Grady County, GA Memorial Log website which depicts a synopsis of his military service.  A review of this website revealed it is populated by anyone who desires to post the names, photographs, and service information of Grady County Citizens who have performed honorable active service in the U.S. Military.  Anyone interested in posting information on the website simply completes a registration form and submits the desired narrative and photographs.  This information is posted based on an honor system and is not verified.

6.  Army Regulation 600-8-22 (Military Awards) states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  This regulation also shows recipients of the World War II Victory Medal were also entitled to issuance of the Honorable Service Lapel Button to be worn on their civilian clothing.

7.  Army Regulation 600-8-22 states the Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.  

8.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.”  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his WD AGO Form 53-55 should be corrected to show award of or authorization to wear the Asiatic-Pacific Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the Honorable Service Lapel Button were carefully considered.

2.  Evidence shows he completed a qualifying period of service in a designated area of eligibility for award of the Asiatic-Pacific Campaign Medal.  Evidence also shows this medal was improperly entered on his WD AGO Form 53-55 as the Asiatic-Pacific Theatre Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to properly show this award as the Asiatic-Pacific Campaign Medal.

3.  Evidence shows he served a qualifying period of service in a designated area of eligibility for award of the World War II Victory Medal.  Therefore, he is entitled to have his WD AGO Form 53-55 corrected to show this service medal.

4.  Evidence shows he served a qualifying period of service in a designated area of eligibility for authorization to wear the Honorable Service Lapel Button on his civilian clothing.  Therefore, he is entitled to do so and an entry should be placed in Item 55 of his WD AGO Form 53-55 to show this entitlement.

5.  Army Regulation 600-68, in effect at the time, stated the fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the WD AGO Form 53-55.  His WD AGO Form 53-55 does not show he was entitled and there is insufficient evidence in the available record to justify award of the Good Conduct Medal in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 33 of his WD AGO Form 53-55 the entry "Asiatic-Pacific Theatre Medal";

	b.  adding to item 33 of his WD AGO Form 53-55 the:

		(1)  Asiatic-Pacific Campaign Medal, and

		(2)  World War II Victory Medal.

	c.  adding to item 55 of his WD AGO Form 53-55 the entry, "Authorized the Honorable Service Lapel Button."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Good Conduct 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)                                         AR20100010137





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ABCMR Record of Proceedings (cont)                                         AR20100010137



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