IN THE CASE OF:	  

		BOARD DATE:  14 June 2012

		DOCKET NUMBER:  AR20110024201 


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 correction of the records of his late father, a former service member (FSM), to show award of the:

* American Defense Service Medal
* World War II Victory Medal
* Army Good Conduct Medal

2.  The applicant states the awards were omitted. 

3.  The applicant provides the following documents:

* FSM's Enlisted Record
* FSM's Honorable Discharge Certificate
* FSM's Certificate of Service
* FSM's death certificate
* extracts of the criteria for each award
* applicant's birth certificate

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 records were 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 his records were lost in that fire.  The primary records available are those provided by the applicant and consist of the FSM's Honorable Discharge, Enlistment Record, and extracts from his Discharge Certificate.

3.  The FSM's Enlisted Record shows he enlisted in the Army and entered active duty in Milwaukee, WI, on 25 October 1938.  He held a mechanic Army specialty. 
His Enlisted Record also shows he completed 1 year, 3 months, and 2 days of service for longevity pay.

4.  His Enlisted Record shows he served as a corporal from 1 May 1941 to 11 August 1941.  His Enlisted Record does not show he participated in any battles or engagements and it shows no awards, medals, or citations.  He had no time lost under the Articles of War.

5.  His Certificate of Service shows he served in active Federal service of the Army of the United States from 15 October 1940 to 16 January 1942.  He was assigned to Service and Ammunition Battery, 1st Battalion, 126th Field Artillery.  This document also shows the following entries:

* Army Specialty – Chauffeur, Mechanic
* Character – Excellent
* Discharge – Honorable

6.  His Honorable Discharge Certificate shows he was assigned to the Service and Ammunition Battery, 1st Battalion, 126th Field Artillery, and he was honorably discharged from the Army of the United States with a Certificate of Disability Discharge on 16 January 1942.

7.  The applicant submits an extract of the criteria for each of the requested awards.


8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	c.  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.

9.  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."

DISCUSSION AND CONCLUSIONS:

1.  The FSM served a qualifying period of service for award of the American Defense Service Medal and the World War II Victory Medal.  His records should be corrected to show these awards.

2.  The FSM served on active duty during the period 15 October 1940 through 16 January 1942.  He received an "excellent" character rating and he had no lost time.  However, at the time of his service, the governing regulation required completion of 3 continuous years of active service.  This requirement was changed to one year after 7 December 1941; however, he was discharged on 16 January 1942 and thus did not complete one year by the time he was discharged.  Regretfully, he does not meet the eligibility requirement for this award. 



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 American Defense Service Medal and World War II Victory Medal to his records.

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 the 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)                                         AR20110024201



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ABCMR Record of Proceedings (cont)                                         AR20110024201



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