BOARD DATE: 12 February 2015
DOCKET NUMBER: AR20140011331
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 award of the Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge.
2. The applicant states he earned these awards and he should get credit for earning the awards. He states his children would like to receive the medals.
3. The applicant provides Army Review Boards Agency letter dated 14 March 2014 and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).
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 applicants 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 applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Army of the United States on 4 December 1942. He completed training as a duty Soldier. He arrived in the European-African-Middle Eastern Theater on 16 December 1943.
4. He departed the European-African-Middle Eastern Theater en-route to the United States on 24 May 1945.
5. On 29 October 1945, the applicant was honorably discharged with a certificate for physical disability in pay grade E-3. His WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Theater Campaign Ribbon with one bronze service star and the Honorable Service Lapel Button WWII. His WD AGO Form 53-55 also shows he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar on 28 May 1943.
6. Army Regulation 600-8-22 (Military Awards) 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 qualification badge is awarded to indicate the degree Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified.
c. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
7. A review of the available evidence shows the applicant is not authorized the Sharpshooter Marksmanship Qualification Badge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The available evidence does not show that he is authorized the Sharpshooter Marksmanship Qualification Badge. Therefore, it should not be included on his WD AGO Form 53-33.
3. However, the available evidence suggested that the applicant should be awarded the Army Good Conduct Medal. He completed almost 3 years of service from 4 December 1942 through 29 October 1945 and he was discharged with a certificate for physical disability. It is reasonable to presume he is authorized this award.
4. He is also authorized the World War II Victory Medal which should be included on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X__ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 Army Good Conduct Medal for exemplary service from 4 December 1942 through 29 October 1945; and
b. amending his WD AGO Form 53-55 to show he is authorized the Army Good Conduct Medal and the World War II Victory 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 amending his WD AGO Form 53-55 to show he is authorized the Sharpshooter Marksmanship Qualification Badge.
__________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) AR20140011331
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ABCMR Record of Proceedings (cont) AR20140011331
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