MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 July 2002      
	DOCKET NUMBER:   AR2002070370

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

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Gail J. Wire		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, award of the American Campaign Medal, the “Meritorious Gold Wreath” (correctly known as the Meritorious Unit Emblem) and the Marksman, Sharpshooter or Expert Marksmanship Qualification Badge with Rifle Bar. 

APPLICANT STATES:  In effect, that during his separation process he was rapidly ushered out of the military and they were short of ribbons and medals.  In support of his claim for the Marksmanship Qualification Badge with Rifle Bar, he  contends that he fired the rifle for one solid week on the firing lines in February 1945 from three distances.  In support of his application, he submits a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation); a photograph and article of Headquarters, South Pacific Base Command, U.S. Army; a letter of explanation, dated 10 April 2002; a photograph of himself and his wife; Department of Veterans Affairs (DVA) documentation, dated 27 November 2001 and 6 March 2002; an Honorable Discharge Certificate, dated 22 August 1946; his Birth Certificate; a letter provided in support of applicant’s DVA claim, dated 10 March 2000; a Statement of Attending Physician, dated 22 August 1946; his Birth Certificate; a letter provided in support of applicant’s DVA claim, dated 
10 March 2000; a Statement of Attending Physician, dated 24 September 2001; an identification card issued on 8 September 1945; a “Domain of Neptunus Rex” card; a “Sacred Order of the Golden Dragon” card; photographs depicting soldiers and a tank destroyer; a Marriage License; two Outpatient Summary Reports, dated 28 February 2002; Hospital Admission Instructions for surgery performed on 8 April 2002; and Discharge Instructions.    

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 19 December 1944.  He served as a warehouseman in the Asiatic-Pacific Theater from 12 November 1945 through 7 August 1946 and was honorably discharged on 22 August 1946.  

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the American Campaign Medal, the Meritorious Unit Emblem or any degree of the Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

There is no evidence in the available records which shows the applicant served a period of qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  The applicant’s WD AGO Form 53-55 shows that he served 10 months and 24 days of continental service.

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, Headquarters Company, South Pacific Base Command, was not cited for the Meritorious Unit Emblem while he was assigned to it.
 
There is no evidence in the available records which shows the applicant was awarded or qualified for any degree of the Marksmanship Qualification Badge with Rifle Bar.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 
2 March 1946.  Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 
30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

Army Regulation, in effect at the time, states, in pertinent part, that the Meritorious Unit Emblem was awarded for outstanding wartime service of at least six continuous months during the period 1 January 1944 to 15 September 1945  during World War II. 

Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence of record available to the Board which shows the applicant served a period of qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Therefore, the Board determined that there is no evidence on which to base award of the American Campaign Medal.

2.  Evidence of record shows the applicant’s unit was not cited for award of the Meritorious Unit Emblem while he was assigned to it.  Therefore, the applicant is not entitled to correction of his military records to show this award.   

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded or qualified for any degree of the Marksmanship Qualification Badge with Rifle Bar.  Therefore, the Board determined that there was insufficient evidence on which to base any award of the Marksmanship Qualification Badge with Rifle Bar.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JLP____  HOF_____  FJW_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002070370	
SUFFIX		
RECON		
DATE BOARDED	20020723	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.