IN THE CASE OF:	  

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140015176 


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 his deceased father, a former service member (FSM), be awarded the Army Good Conduct Medal. 

2.  The applicant states his father served as an enlisted Soldier from 6 October 1941 to 27 May 1943 at which time he accepted a commission while stationed in the Pacific during World War II. 

3.  The applicant provides:

* His certificate of birth
* FSM's Honorable Discharge Certificate
* FSM's certificate of death
* FSM's WD AGO Form 53-98 (Military Record and Report of Separation, Certificate of Service) 

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 records show he was inducted into the Army of the United States and appears to have entered active service on 6 October 1941.

3.  He departed the continental United States (CONUS) as an enlisted man on 11 January 1942.  He appears to have arrived in Australia on an unknown date.

4.  On 9 February 1942, he submitted an application for appointment as a commissioned officer.  The War Department approved his request.

5.  It appears he was discharged from enlisted status on 25 May 1943.  However, a separation document for the period 6 October 1941 through 25 May 1943 is not available for review with this case. 

6.  He was appointed as a commissioned officer in the rank of second lieutenant and executed an oath of office on 26 May 1943.  He served in the Pacific Theater of Operations and attained the rank of first lieutenant. 

7.  He departed Australia on 2 July 1945 and was honorably separated on 22 December 1945.  His WD AGO Form 53-98 shows he was awarded or authorized the Asiatic Pacific Theater [Campaign Medal] and he participated in the Papuan and New Guinea campaign. 

8.  Army Regulation 600-8-22 (Military Awards) states 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

9.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The FSM served in an enlisted status from 6 October 1941 to 25 May 1943.  He appears to have been discharged on 25 May 1943 for the purpose of accepting a commission.  A WD AGO Form 53 for this period of service is not available for review.   

2.  He completed 1 year, 7 months and 19 days of enlisted service during this period.  He was accepted for appointment as a commissioned officer and his records contain no derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 6 October 1941 to 25 May 1943 and to correct his WD AGO Form 53-98 to show this award. 

3.  The FSM served a qualifying period of service for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-98 to show this award.

4.  The FSM was awarded the Asiatic Pacific Theater [Campaign Medal] and he participated in the Papuan and New Guinea campaign.  This award is improperly listed on his WD AGO Form 53-98 and it omitted the bronze service stars to designate his campaign participation.  Therefore, he is entitled to correction of his WD AGO Form 53-98 to show this award with the appropriate bronze service stars. 

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from his WD AGO Form 53-98 the words "Asiatic Pacific Theater"
* awarding him the Army Good Conduct Medal (1st Award) for the period 6 October 1941 to 25 May 1943 
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award) 
* World War II Victory Medal
* Asiatic-Pacific Theater Campaign Medal with two bronze service stars 



      ____________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)                                         AR20140015176





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ABCMR Record of Proceedings (cont)                                         AR20140015176



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