IN THE CASE OF:	  

		BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140013073 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation of Honorable Discharge) to show award of the Army Good Conduct Medal (AGCM) and the Philippine Liberation Medal (officially known as the Philippine Liberation Ribbon). 

2.  The applicant states:

* he has attempted to correct this matter previously but apparently there was a fire and his records were destroyed
* he is 87 years old and in poor health
* he would like to have his record corrected for his children and grandchildren  before his death   

3.  The applicant provides pictures of his medals and a driver’s license.
 
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 applicant'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 applicant'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.

3.  He enlisted in the Regular Army on 9 June 1945.  At the time of his separation, he held military occupational specialty (MOS) 672 (Medical Administrative Specialist).  The highest grade he attained was Sergeant.   

4.  His WD AGO Form 53-55 shows he departed the United States on                 9 December 1945 and arrived in the Western Pacific Theater of Operations (WPTO) on 26 December 1946.  He completed 8 months and 11 days of continental service and 10 months and 2 days of foreign service.  He was honorably discharged on 21 December 1946.

5.  The WD AGO 53-55 also shows the following:

	a.  item 33 (Decorations and Citations) – American Campaign Medal, Asiatic Pacific Campaign Medal, Philippines Independence Ribbon, and the World War II Victory Medal.

	b.  Item 55 (Remarks) – issuance of the Army Lapel Button, no lost time, and recommended for further military training.

6.  His available record does not show award of the AGCM or the Philippine Liberation Ribbon.

7.  His Honorable Discharge Certificate was awarded to him as a testimonial of honest and faithful service to his country.  His available record contains no record of nonjudicial punishment or court-martial convictions which would serve to disqualify him for award of the AGCM.

8.  A DA Form 1577 (Authorization for Issuance of Awards) Department of the Army, Reserve Component Personnel and Administration Center, signed by the Director, Personnel Services on 12 February 1979, shows that he was authorized the AGCM. 

9.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the AGCM 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, 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."

10.  Army Regulation 600-8-22 (Military Awards) states that the Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his WD AGO          Form 53-55 to show award of the AGCM and the Philippine Liberation Ribbon.  

2.  He completed a qualifying period of service for award of the AGCM on          21 December 1946.  Although his records are not available, the information contained on his discharge document suggests that he served honorably and met the basic qualifications for award of the AGCM.  As such, it would be appropriate and in the interest of equity to award him this medal and to add it to his discharge document.

3.  With respect to the Philippine Liberation Ribbon, Army Regulation 600-8-22 states that the Philippine Liberation Ribbon is awarded for service, in the defense of the Philippines, from 17 October 1944 to 3 September 1945.  The applicant did not begin his overseas service until 9 December 1945; therefore, he is not entitled to correction of his WD AGO Form 53-55 to show 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:

	a.  awarding him the AGCM (1st Award) for the period 9 June 1945 to           21 December 1946, and

	b.  adding the AGCM to item 33 of his WD AGO Form 53-55.

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 correction of his WD AGO Form 53-55 to show award of the Philippine Liberation Ribbon.



      _______ _   _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)                                         AR20140013073



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ABCMR Record of Proceedings (cont)                                         AR20140013073



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