IN THE CASE OF:	 

		BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150002905 


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 son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Report and Report of Separation – Honorable Discharge) to show his father was awarded or authorized the American Campaign Medal.  He further requests the issuance of this medal set.

2.  The applicant states the omission of this medal most likely resulted from a simple recording error or oversight at the time his father's discharge document was prepared.

3.  The applicant provides copies of:

* the FSM's death certificate
* his birth certificate
* the FSM's Form 1465 (Certified Copy of Soldier's Honorable Discharge) for the period ending 20 November 1945
* the FSM's WD AGO Form 53-55 for the period ending 20 November 1945
* the FSM's Form 1465 for the period ending 20 August 1946
* the FSM's WD AGO Form 53-55 for the period ending 20 August 1946
* the FSM's WD AGO Form 100 (Separation Qualification Record)
* DD Form 215, dated 7 March 2005, which amended the FSM's WD AGO Form 53-55 for the period ending 20 November 1945

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 (NPRC) in 1973.  It is believed the FSM's 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 in this case.

3.  The FSM was inducted into the Army of the United States on 29 December 1942 and entered active service on 6 January 1943.  He was honorably discharged on 23 August 1945 for the purpose of immediate enlistment in the Regular Army.  His WD AGO Form 53-55 shows in:

	a.  Item 3 (Grade), he was discharged in the rank of sergeant;

   b.  Item 30 (Military Occupational Specialty and No. [Number]), he held military occupational specialty 745 (Rifleman);

   c.  Item 32 (Battles and Campaigns), the European – African – Middle Eastern Campaign Ribbon and participation in the Central European campaign;

	d.  Item 33 (Decorations and Citations), the entry "None"; 

	e.  Item 36 (Service Outside Continental U.S. and Return), he departed the U.S. on 7 October 1943 en route to the Scotland and he arrived on 17 October 1943; and

   f.  Item 37 (Total Length of Service) he completed 9 months and 1 day of continental service and 2 years, 1 month, and 13 days of foreign service.
4.  The FSM enlisted in the Regular Army on 21 November 1945 while serving in the European Theater of Operations (ETO) and was honorably discharged on 20 August 1946.  His WD AGO Form 53-55 shows in:

	a.  Item 3, he was discharged in the rank/grade of sergeant;

   b.  Item 30, he held military occupational specialty 014 (Transportation Noncommissioned Officer (NCO));

   c.  Item 32, the entry "None," indicating the absence of any recorded campaign participation during this period of active service;

	d.  Item 33, he was awarded or authorized the World War II (WWII) Victory Medal, which is identified by the entry "Victory Medal";

   e.  Item 36, he arrived in the United States on 15 December 1945; and

   f.  Item 37, he completed 8 months and 5 days of continental service and     25 days of foreign service.
   
5.  The FSM's available record is void of any evidence related to his conduct and efficiency ratings during his period of active service.  His available record is also void of any derogatory information that may have precluded his award of the Army Good Conduct Medal.

6.  A DD Form 215 was created on 7 March 2005 that amended item 33 of his WD AGO Form 53-55 for the period ending 20 November 1945.  Specifically, this form amended item 33 of the FSM's WD AGO Form 53-55 by adding the European–African–Middle Eastern Campaign Medal with 1 bronze service star.

7.  A DD Form 215 was created on 18 May 2007 that amended item 33 of his WD AGO Form 53-55 for the period ending 20 November 1945.  Specifically, this form amended item 33 of the FSM's WD AGO Form 53-55 by adding the Army of Occupation Medal with Germany Clasp and the WWII Victory Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides that 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: 

* permanent assignment outside the continental U.S. but within the American theater of operations
* duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days
* duty outside the continental U.S. as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days
* active combat against the enemy for which the Soldier was awarded a combat decoration or furnished a certificate by a corps commander or higher
* service within the continental U.S. for an aggregate period of 1 year

9.  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 or completed 1 year of continuous active Federal military service while the United States was at war after 7 December 1941.  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."  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the discharge certificate.

10.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management and establishes the standardized policy for preparing and distributing the DD Form 214.  Paragraph 8-4 (Special Instructions Concerning the Preparation of DD Form 214) provides that a DD Form 215 will not be issued when two      DD Forms 215 have already been issued for the same DD Form 214.  In that instance, a new DD Form 214 will be administratively issued.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's record shows his aggregate period of continental service during WWII exceeded 1 year.  He served a qualifying period of service for award of the American Campaign Medal and his WD AGO Form 53-55 does not list this medal as an authorized award.

2.  The FSM's available record is void of any evidence related to his conduct and efficiency ratings during his period of active service.  His record shows he was honorably discharged and there is no evidence of any derogatory information pertaining to his conduct or service.  However, it appears he was not awarded the Army Good Conduct Medal (1st Award) for the period 6 January 1943 through 20 August 1946.

3.  Army Regulation 635-8 provides that a DD Form 215 will not be issued when two DD Forms 215 have already been issued for the same DD Form 214.  In that instance, a new DD Form 214 will be administratively issued. 

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 issuing a new DD Form 214 that shows he was awarded or authorized all previously documented awards, in addition to the Army Good Conduct Medal and the American Campaign Medal.



      _____________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)                                         AR20090013090



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ABCMR Record of Proceedings (cont)                                         AR20150002905



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