IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140020090
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 that he be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states that he was stationed in 11 different stations with 10 different commanders and had no chance to get his AGCM. He further states that in 1946 Congress and the President issued an order that anyone who was not given an AGCM would be given one.
3. The applicant provides copies of two WD AGO Forms 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).
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 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 FSMs records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States (AUS) on 25 May 1943 and entered active duty in Binghamton, New York on 8 June 1943. He completed his training as a military policeman and served until he was honorably discharged at Camp Siebert, Alabama for the purpose of enlisting in the Regular Army on 14 October 1945. He served 2 years, 4 months and 20 days with no lost time and all of this service was performed in the continental United States. He was recommended for further training.
4. He enlisted in the Regular Army on 15 October 1945 and served until he was honorably discharged at Fort Monroe, Virginia on 4 December 1946. He had served 3 years, 6 months and 10 days of active service and had no lost time.
5. Army Regulation 600-68 (Good Conduct Medal), 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 and, after 7 December 1941, 1 year of continuous active Federal military service completed 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.
6. Army Regulation 600-8-22 (Military Awards) states 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 service within the continental United States for an aggregate period of one year.
7. 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. While there are no records to indicate whether the applicant had court-martial convictions or if his conduct and efficiency ratings were all excellent, the fact that he was a military policeman even after reenlisting is indicative that he had no court-martial convictions as military policeman are normally reclassified after being court-martialed. It is also reasonable to presume that he had excellent conduct and efficiency ratings given his being afforded the opportunity to enlist in the Regular Army after serving 2 years, 4 months and 20 days in the AUS with no lost time.
2. Accordingly, he should be awarded the AGCM (1st Award) for his first 3-year period of service from 8 June 1943 to 7 June 1946.
3. The applicant also served during qualifying periods for awards of the American Campaign Medal and the World War II (WWII) Victory Medal and they should be added to his WD AGO Form 53-55.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the AGCM (1st Award) for the period 8 June 1943 to 7 June 1946 and by adding the awards of the AGCM, American Campaign Medal and WWII Victory Medal to his final WD AGO Form 53-55.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during WWII are deeply appreciated. The applicant and all Americans should be justifiably proud of his 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) AR20140020090
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