IN THE CASE OF:	  

		BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110004247 


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.  On behalf of his deceased father, a former service member (FSM), the applicant requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the American Campaign Medal and Army Good Conduct Medal in recognition of his service during World War II.

2.  The applicant states the FSM is entitled to the awards.

3.  The applicant provides a copy of the FSM's WD AGO Form 53-55.

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 complete 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 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 reconstructed records which primarily consist of the FSM's WD AGO Form 53-55, WD AGO Form 100 (Separation Qualification Record), and WD National Guard Bureau Form 21 (Enlistment Record) provided by the National Personnel Records Center.

3.  The FSM's enlistment record and WD AGO Form 53-55 show he enlisted in the Army National Guard of Missouri on 1 August 1940 and was called to active 
duty in the Army of the United States on 14 September 1940.  His military occupational specialty was 645 (Fire Control Instrument Operator).  The FSM's WD AGO Form 53-55 also shows he served in the Asiatic-Pacific theater of operations from 26 June 1942 until 6 September 1944.  He held the rank/grade of private/E-1 on the date of his separation; however, the highest rank he attained while serving on active duty was private first class/E-3.  The FSM was honorably discharged on 7 June 1945.

4.  Item 37 (Total Length of Service) of the FSM's WD AGO Form 53-55 shows he completed 2 years, 5 months, and 23 days of service within the continental limits of the United States and 2 years, 2 months, and 29 days of foreign service.

5.  Item 55 (Remarks) of the FSM's WD AGO Form 53-55 shows he had 3 lost days under Articles of War 107.

6.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he participated in the Aleutian Islands campaign of World War II.

7.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded or authorized one bronze service star for the Aleutian Islands campaign.

8.  Item 55 of the FSM's WD AGO Form 53-55 shows he was entitled to wear the Asiatic-Pacific Theater Campaign Ribbon and American Defense Service Ribbon.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American theater of operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

10.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  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 discharge certificate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's WD AGO Form 53-55 should be corrected to show award of the American Campaign Medal and Army Good Conduct Medal was carefully considered and determined to have partial merit.

2.  The available evidence shows the FSM completed a period of qualifying service for award of the American Campaign Medal.  Therefore, he is entitled to this medal and correction of his WD AGO Form 53-55 to show this medal.

3.  The available evidence shows the FSM completed a period of qualifying service for award of the World War II Victory Medal.  Therefore, he is entitled to this medal and correction of his WD AGO Form 53-55 to show this medal.

4.  In order to be awarded the Army Good Conduct Medal, the enlisted member must have completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  Additionally, the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

5.  The FSM's honorable service in World War II is noted; however, his complete service records are unavailable and therefore it is impossible to ascertain if the FSM had "excellent" conduct and efficiency ratings.  Regretfully, in the absence of evidence to the contrary, there is insufficient evidence to show he met the criteria for award of the Army Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the following awards to item 33 of the FSM's WD AGO Form 53-55:

* American Campaign Medal
* World War II Victory Medal

2.  The Board further determined 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 Army Good Conduct Medal.

3.  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.



      _____________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)                                         AR20110004247



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ABCMR Record of Proceedings (cont)                                         AR20110004247



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