BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140005883 


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 daughter of a deceased former service member (FSM), requests on behalf of her father award of the Army Good Conduct Medal and correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show this medal.

2.  The applicant states this award is not currently shown on her deceased father's WD AGO Form 53-55.  Therefore, there is no justification for the issuance of a replacement medal by the National Personnel Records Center (NPRC).  She is providing two pages of her father's record, wherein it shows he was favorably considered for the Army Good Conduct Medal.  It is her belief that her father's total length of service in the Army and his documented service would make him eligible for the Army Good Conduct Medal. 

3.  The applicant provides a birth certificate, death certificate, three letters, two pages of a service record (no name shown), and the following documents pertaining to the FSM:

* WD AGO Form 53-55 for the period ending 5 April 1946
* WD AGO Form 53-55 for the period ending 13 April 1947
* WD AGO Form 100 (Separation Qualification Record)
* Certificate of Training, for the period 14 October 1945 to 22 January 1946
* memorandum, dated 25 March 1947
* Honorable Discharge Certificate, dated 25 March 1950


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 complete 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 that the FSM's records were lost or destroyed in that fire.  However, the FSM's reconstructed record contains sufficient documents to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States (AUS) on 26 September 1945 at New Orleans, LA.  He attended and successfully completed advanced individual training and was awarded military occupational specialty (MOS) 2736 (Medium Tank Crewmember).  On 5 April 1946, he was honorably discharged at Fort Ord, CA, in the rank of private for the purpose of enlistment in the Regular Army (RA).  He completed 6 months and 10 days of creditable active service during this period of service.

4.  The WD AGO 53-55 he was issued for this period of service shows in item 33 (Decorations and Citations) the World War II Victory Medal.

5.  His reconstructed record contains a second WD AGO Form 53-55 that shows he enlisted in the RA on 6 April 1946.  His last unit of assignment was with the 752nd Tank Battalion, and at the time of his separation, he held MOS 2736 (Tank Commander).

6.  His second WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 25 May 1946 and he arrived in the European Theater of Operations (ETO) on 6 June 1946.  He was promoted to the rank of sergeant (SGT) on 23 December 1946.  He departed the ETO on 8 March 1947 and arrived back in CONUS on 20 March 1947.  

7.  His second WD AGO Form 53-55 shows the FSM was awarded or authorized the Army of Occupation Medal (Germany) and the World War II Victory Medal.  Item 55 (Remarks) shows he was recommended for further military service and he enlisted as a SGT in the Armored Enlisted Reserve Corps (ERC).

8.  He was honorably released from active duty on 13 April 1947 in the rank of SGT and he was transferred to the ERC.  During this period of service, he completed 2 months and 13 days of CONUS service, 9 months and 26 days of foreign service, and he was credited with the completion of 6 months and 10 days of prior active service for a total of 1 year, 6 months, and 18 days.

9.  There is no documentation in his reconstructed record that shows he was awarded the Army Good Conduct Medal.  Section 21 (Medals, Decorations, and Citations) of his WD AGO Form 24A (Service Record), for the period 6 April 1946 to 13 April 1947, does not show the Army Good Conduct Medal. 

10.  The FSM died on 13 December 1989.

11.  The applicant provides two pages of a service member's record, wherein in part, it had the stamped entry "Soldier unfavorably considered for Good Conduct Medal at time of transfer" and the entry was dated 5 October 1945.  It also had the stamped entry "Soldier favorably considered for Good Conduct Medal - 19__."  This entry was not dated. 

12.  Army Regulation 672-5-1 (Awards), 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms the FSM served on active duty honorably from 26 September 1945 to 13 April 1947, a period of 1 year, 6 months, and 18 days.  However, award of the Army Good Conduct Medal (1st Award) required 3 years of continuous active service or, upon termination of service less than 3 years, at least 1 year of service if 1 year was served entirely during the period 7 December 1941 to 2 March 1946.  Regrettably, as of 2 March 1946 the FSM had only served for just over 5 months and did not meet the qualifications for award of the Army Good Conduct Medal.  Therefore, the applicant is not entitled to the requested relief.
2.  This action in no way diminishes the sacrifices made by the FSM in service to our Nation during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  __X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 



      __________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)                                         AR20140005883





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ABCMR Record of Proceedings (cont)                                         AR20140005883



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