RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            November 25, 2003                    
	DOCKET NUMBER:    AR2003088710

	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	
	Mr. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Yolanda Maldonado		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that he be awarded the Good Conduct Medal (AGCM).

2.  The applicant states that he believes that he should have been awarded the AGCM and that it was likely an administrative oversight that he wasn't awarded it at the time of separation.

3.  The applicant provides a copy of his report of separation (AGO Form 53-55).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 30 April 1946.  The application submitted in this case is dated 7 April 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's 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 applicant's records were lost or destroyed in that fire.  However, the documents provided by the applicant provide sufficient information for the Board to conduct a fair and impartial review of this case.

4.  He was inducted in Cleveland, Ohio, on 29 November 1943 and entered active duty on 15 December 1943.  He departed for the Asiatic-Pacific Theater of Operation (APTO) on 25 May 1945.  He attained the rank of staff sergeant and was returned to the United States on 21 April 1946.   

5.  On 30 April 1946, he was honorably discharged at Camp Atterbury, Indiana.  He had served 2 years, 4 months and 16 days of total active service and had no lost time.  His WD AGO Form 53-55 shows that he was awarded the Army of Occupation Medal with Japan clasp, the American Defense Service Medal, the Asiatic-Pacific Theater Ribbon with one bronze service star, the World War II Victory Medal and the Philippine Liberation Medal with one bronze service star.

6.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on 2 March 1946, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted and attained the rank of staff sergeant over the course of his 2 years and 4 months of service and had no lost time during that time.

2.  The available evidence suggests that the applicant was eligible for award of the AGCM and it is reasonable to presume that the failure to award him the AGCM was likely an administrative oversight than that of a commander denying him the award.

3.  Accordingly, the evidence suggests that it would be in the interest of justice to award him the AGCM at this time for the period of 15 December 1943 through 30 April 1946.

BOARD VOTE:

YM__  __LEM___  __RO_           GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual concerned the AGCM for the period of 15 December 1943 through 30 April 1946. 

		Raymond V. O’Connor
		    CHAIRPERSON

INDEX

CASE ID	AR2003088710	
SUFFIX		
RECON		
DATE BOARDED	2003/11/25	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	1946/04/30	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.107.0056	102/AGCM	
2.		
3.		
4.		
5.		
6.