PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            28 September 2000 
	DOCKET NUMBER:   AR2000046621

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Conner		Chairperson	
	Mr. Ernest W. Willcher		Member	
	Mr. Donald P. Hupman		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that item 37 (total length of service) on his 1946 WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) be corrected to reflect his correct foreign and continental service.  The applicant states that the information contained in item 37 is reversed.  He also notes that he should have received an American Defense Medal, an Army Good Conduct Medal and a “commendation medal.”  In support of his request he submits a copy of his 1946 separation document.

3.  The applicant’s military personnel file was apparently lost or destroyed during the 1973 fire at the National Personnel Records Center in St. Louis.  His 1946 WD AGO Form 53-55, however, states that he was inducted and entered active duty on 24 October 1944 and departed the continental United States 4 months and 21 days later, on 15 March 1945.  He remained overseas for 1 year, 
4 months and 25 days, arriving in the United States on 10 August 1946.  He was honorably discharged 7 days later on 16 August 1946 which brought his total continental United States service to 4 months and 28 days.  Item 37 (total length of service) on his 1946 separation document indicates incorrectly that he had 
1 year, 4 months, and 27 days of continental service and only 4 months and 
26 days of foreign service.  In actuality the applicant served overseas for 1 year, 
4 months and 25 days and had 4 months and 28 days of total continental service.

4.  Army Regulation 600-8-22 states that the American Defense Service Medal, which the applicant refers to as the American Defense Medal, was awarded for service between 8 September 1939 and 7 December 1941.  The American Campaign Medal, however, was awarded for service within the American Theater between 7 December 1941 and 2 March 1946 to those individuals who were on permanent assignment outside the continental limits of the United States.

CONCLUSIONS:

1.  The evidence clearly indicates that the applicant’s foreign and continental service recorded in item 37 of his 1946 WD AGO Form 53-55 was reversed.  In actuality the applicant served within the continental United States for 4 months and 28 days and had 1 year, 4 months and 25 days of foreign service.  It would be appropriate to correct his records accordingly.

2.  Additionally the Board notes that the applicant is entitled to the American Campaign Medal although he is not entitled to the American Defense Service Medal.

3.  Unfortunately, in the absence of the applicant’s military personnel file, the Board is unable to determine whether the applicant’s service warrants award of the Army Good Conduct Medal.

4.  There is no evidence, and the applicant has not provided any that he was ever recommended for, or awarded any sort of “commendation medal.”  As such there is no basis to now award him a personal decoration.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by showing in item 37 of the applicant’s 1946 WD AGO Form 53-55 that he served a total of 4 months and 28 days in the continental United States and had 1 year, 4 months and 25 days of foreign service; and

b.  by showing that he is entitled to the American Campaign Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___eww__  ___dph__  ___rvo__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046621	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000928	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.