BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110004976 


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 former service member (FSM), requests correction of the FSM's records to show award of the Army Good Conduct Medal.

2.  The applicant states that the FSM served in the Pacific Theater of Operations (PTO) during World War II.  He received the Asiatic-Pacific Campaign Medal with one bronze service star for campaign participation and the Army Good Conduct Medal.  He adds the FSM was assigned to Battery D, Antiaircraft Artillery (AAA) Gun Battalion and provided support during the Gilbert and Marshall Island invasions to retake the islands.  He concludes the Army Good Conduct Medal was not annotated on the FSM's discharge document because he was in a combat area when he received the award and records were either misplaced or improperly filed.

3.  The applicant provides copies of the FSM's death certificate, his birth certificate, a letter written by the FSM during World War II, and the FSM's Army Separation Qualification Record and discharge document.

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 service records are 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted on 20 August 1942, entered active service in the Army of the United States on 3 September 1942, and honorably discharged on 9 February 1946.  He completed 8 months and 8 days of continental service; 2 years, 9 months, and 13 days of foreign service; and
3 years, 5 months, and 21 days of total service.  It also shows in:

   a.  item 3 (Grade) - "PFC" (i.e., Private First Class);

   b.  item 6 (Organization) he was assigned to the Battery D, 948th AAA Gun Battalion;

   c.  item 30 (Military Occupational Specialty and Number) - "AAA Gun Crewman 2601;"

   d.  item 31 (Military Qualification and Date) the Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

   e.  item 32 (Battles and Campaigns) the Ryukyus campaign;

   f.  item 33 (Decorations and Citations) the Asiatic-Pacific Campaign Medal and World War II Victory Medal;

   g.  item 36 (Service Outside Continental U.S. and Return) that he departed the U.S. on 8 March 1943, arrived in the PTO on 15 March 1943, departed the PTO on 1 December 1945, and arrived in the U.S. on 19 December 1945; and

   h.  item 55 (Remarks) that he had no time lost.

4.  The applicant's available military service records do not contain any evidence of adverse information or disqualification for the Army Good Conduct Medal.

5.  In support of his application, the applicant provides a copy of a letter written by the FSM, dated 3 February 1944, that shows the FSM informed his parents that a colonel had presented him the Asiatic-Pacific Campaign Medal with one bronze service star representing his participation in a campaign and also the Army Good Conduct Medal for one year of continuous service.

6.  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 Soldier 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."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's records should be corrected to show award of the Army Good Conduct Medal because the FSM received the award while serving in the PTO; however, it is not recorded on his discharge document.

2.  The FSM served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 3 September 1942 to 2 September 1945.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   b.  The evidence the applicant provides supports the contention that the FSM received the award while serving in the PTO during World War II.

   c.  Based on the available evidence, it would be appropriate to award the FSM the Army Good Conduct Medal (1st Award) and correct his WD AGO Form 53-55.


BOARD VOTE:

___X___  __X______  ___X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  issuing orders awarding the FSM the Army Good Conduct Medal
(1st Award) for exemplary conduct, efficiency, and fidelity during the period
3 September 1942 to 2 September 1945; and

   b.  correcting the FSM's 9 February 1946, WD AGO Form 53-55 by adding to item 33 the Army Good Conduct Medal (1st Award).

2.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's 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)                                         AR20110004976



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