IN THE CASE OF:	  

		BOARD DATE:  24 September 2013

		DOCKET NUMBER:  AR20130002295 


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

2.  The applicant states his father was entitled to the awards and he desires to have his father's records corrected accordingly.

3.  The applicant provides:

* the FSM's Certificate of Death
* his Certificate of Live Birth
* the FSM's WD AGO Form 53-55
* the FSM's Honorable Discharge Certificate
* the FSM's letter to the Army Reserve Personnel Center, dated
5 November 1984
* a response letter to the FSM, dated 30 November 1984
* a DA Form 1577 (Authorization for Issuance of Awards), dated
13 December 1984


CONSIDERATION OF EVIDENCE:

1.  The applicant requested the World War II Victory Medal be added to his father's WD AGO Form 53-55.  His WD AGO Form 53-55 currently shows the World War II Victory "Ribbon," which is the same award.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

2.  The FSM's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the FSM's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States on 8 October 1945.  He was transferred to Fort Meade, MD where he served as a clerk-typist and a classification specialist.  On 25 September 1946, he was transferred to Fort Myer, VA.

4.  On 18 November 1946, the FSM was honorably discharged in the rank of Technician Third Class.  He completed 1 year, 1 month, and 11 days of active service.  The WD AGO Form 53-55 he was issued shows he was awarded the World War II Victory Medal.  It further shows he had no time lost.

5.  On 13 December 1984, the Reserve Component Personnel Administration Center in St. Louis, MO authorized the issuance of medal sets, including the Army Good Conduct Medal and the American Campaign Medal.

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  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:

* Each 3 years completed on or after 27 August 1940
* For first award only, 1 year served entirely during the period
7 December 1941 to 2 March 1946


* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* For 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 line of duty
* For first award only, for those individuals who died before completing
1 year of active Federal service if the death occurred in the line of duty

	b.  The American 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 one year.

7.  Army Regulation 600-8-104 (Army Military Human Resources Records Management) governs entries made in military personnel records.  This regulation states that for U.S. military decorations and awards, the only acceptable source documentation is the order, letter, or memorandum that awards the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The FSM served during a qualifying period of service for entitlement to the American Campaign Medal.  Therefore the FSM's WD AGO Form 53-55 should be corrected to show this award.

2.  A DA Form 1577 authorizes issuance of decorations, medals, unit citations, and badges.  However, Army regulation requires an order, letter, or memorandum that awards the decoration.  As a result, the DA Form 1577 in itself is not sufficient as a basis for entitlement to a military award or for correction of military records to show a military award.  Since there is no evidence the FSM served during a qualifying period of service for entitlement to the Army Good Conduct Medal, there is an insufficient evidentiary basis for granting this portion of the applicant's request.




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 to the FSM's WD AGO Form 53-55 the American Campaign Medal.

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 adding the Army Good Conduct Medal to the FSM's WD AGO Form 53-55.

3.  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)                                         AR20130002295



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ABCMR Record of Proceedings (cont)                                         AR20130002295



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