IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110023997
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 widow of a deceased former service member (FSM), 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 Defense Service Medal with one bronze service star, World War II Victory Medal, and Army Good Conduct Medal.
2. The applicant states these awards were omitted from the FSM's discharge document.
3. The applicant provides the FSM's WD AGO Form 53-55 and death certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM'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 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. His WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service on 11 April 1946. He served in the Asiatic-Pacific theater of operations from 3 to 8 October 1946 and from 20 November to 13 December 1946. His WD AGO Form 53-55 does not indicate he received campaign credit during World War II.
3. He was honorably discharged on 28 April 1947 in the rank of technician five. He completed 8 months and 2 days of continental service and 4 months and 16 days of foreign service.
4. His WD AGO Form 53-55 does not show entitlement to award of the American Defense Service Medal with one bronze service star, World War II Victory Medal, or Army Good Conduct Medal.
5. His conduct and efficiency ratings are not available and there is no available evidence which shows any derogatory information or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) states the American Defense Service Medal is awarded for service within the American theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.
7. 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.
8. Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award:
* for each 3 years completed on or after 27 August 1940
* for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946
* for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in the line of duty
DISCUSSION AND CONCLUSIONS:
1. The FSM's WD AGO Form 53-55 shows he served on active duty from 11 April 1946 to 28 April 1947. Therefore, he did not serve a period of qualifying service for award of the American Defense Service Medal with one bronze service star.
2. The FSM served a period of qualifying service for award of the World War II Victory Medal. Therefore, this medal should be added to his WD AGO
Form 53-55.
3. The available evidence shows the FSM completed 1 year and 18 days of active Federal military service. Therefore, he did not complete 3 years of qualifying service for the first 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 amending the FSM's WD AGO Form 53-55 to add award of the 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 American Defense Service Medal with one bronze service star and Army 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) AR20110023997
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ABCMR Record of Proceedings (cont) AR20110023997
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