BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110005635 


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, award of the Army Good Conduct Medal (AGCM) and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Service) to add the AGCM and Asiatic-Pacific Campaign Medal.

2.  He states he believes he fulfilled the Army's criteria to be awarded the AGCM for his service during World War II (WWII).

3.  He provides:

* WD AGO Form 53-55
* Honorable Discharge Certificate
* War Department Form 372A (Final Payment – Worksheet)
* National Personnel Records Center (NPRC) letter

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 applicant's complete military 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 applicant'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 applicant's WD AGO Form 53-55 shows he enlisted in the Regular Army on 18 April 1946.  At the time of his separation he held military occupational specialty 238 (Lineman) and was assigned to the 440th Signal Heavy Construction Battalion.

4.  His WD AGO Form 53-55 shows he departed the United States on 5 July 1946 and arrived in the Western Pacific theater of operations (WPTO) on 18 July 1946.  He departed the WPTO on 10 March 1947 and arrived in the United States on 25 March 1947.  He completed 3 months and 16 days of continental service and 8 months and 21 days of foreign service.  He was honorably discharged on 24 April 1947.

5.  The applicant's WD AGO Form 53-55 also shows the following:

	a.  item 32 (Battles and Campaigns) – none;

	b.  item 33 (Decorations and Citations) – Army of Occupation Medal (AOM) and WWII Victory Medal; and

	c.  Item 55 (Remarks) – issuance of the Army Lapel Button, no lost time, and recommended for further military training.

6.  The applicant's Honorable Discharge Certificate was awarded to him as a testimonial of honest and faithful service to his country.  His available record contains no record of nonjudicial punishment or court-martial convictions which would serve to disqualify him for award of the AGCM.

7.  He provided a letter from NPRC, dated 29 December 2010.  This letter shows that in addition to the awards listed on his WD AGO Form 53-55, he was also authorized the Asiatic-Pacific Campaign Medal.

8.  Army Regulation 600-8-22 (Military Awards) 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 award of a combat decoration or a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

9.  Army Regulation 600-8-22 states that for award of the AOM with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, Ryukyu Islands, and Bonin-Volcano Islands between 3 September 1945 and 27 April 1952.

10.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the AGCM 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, 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."

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 24 April 1947.  Although his records are not available, the information contained on his discharge document suggests that he served honorably and met the basic qualifications for award of the AGCM.  As such, it would be appropriate and in the interest of equity to award him this medal and to add it to his discharge document.

2.  His records show he was awarded the AOM for his service during WWII; however, his records do not show his entitlement to add the Japan Clasp to this award.  Therefore, he is entitled to have his records show the AOM with Japan Clasp.

3.  Although the letter prepared by NPRC indicates the applicant is entitled to award of the Asiatic-Pacific Campaign Medal, he enlisted in the Army and entered active duty after the qualifying period for this award and, as such, he is not entitled to have this medal added to his separation document.



BOARD VOTE:

___X_____  __X______  __X___  GRANT FULL RELIEF 

________  ________  ________  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:

	a.  awarding him the AGCM (1st Award) for the period 18 April 1946 to 24 April 1947,

	b.  deleting the AOM from item 33 of his WD AGO Form 53-55, and

	c.  adding the following awards to item 33 of his WD AGO Form 53-55:

* AGCM (1st Award)
* AOM with Japan Clasp

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 Asiatic-Pacific Campaign Medal to his WD AGO Form 53-55.



      __________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)                                         AR20110005635



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ABCMR Record of Proceedings (cont)                                         AR20110005635



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