BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160015757 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160015757 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to her WD AGO Form 53-98 the American Campaign Medal. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the: * Women's Army Corps Service Medal * Good Conduct Medal * Army of Occupation 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. BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160015757 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 correction of her records to show awards of the: * World War II Victory Medal * European-African-Middle Eastern Campaign Medal * Women's Army Corps Service Medal * American Campaign Medal * Good Conduct Medal * Army of Occupation Medal 2. The applicant states based on her military service, she is entitled to these awards and would like them added to her records. 3. The applicant provides: * Congressional correspondence * Correspondence from the Army Review Boards Agency * Correspondence form the U.S. Army Human Resources Command * WD AGO Forms 53-98 (Military Record and Report of Separation - Certificate of Service) for periods ending 29 January 1946 and 28 June 1949 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 applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed her records were lost or destroyed in that fire; however, there were sufficient documents remaining in a reconstructed record to conduct a fair/impartial review of this case. 3. The applicant's WD AGO Form 100 shows she was a Registered Nurse at St. Mary's Hospital in San Francisco, CA, from 1940 to 1942. She was appointed into the Army Nurse Corps of the Officer Reserve Corps in August 1942. 4. The applicant's WD AGO Form 53-55 for the period 20 August 1942 through 29 January 1946 shows she entered active duty on 20 August 1942 and held military occupational specialty 3449 (Nurse General Duty). This form also shows: * she departed the continental United States (CONUS) on 28 February 1944 and arrived in the European Theater of Operations (ETO) on 12 March 1944 * she departed the ETO on 3 November 1945 and arrived back in the United States on 10 November 1945 * she was released from active duty in the rank of first lieutenant on 29 January 1946; at the time of separation, she was assigned to the 82nd General Hospital * she completed 1 year, 8 months, and 26 days of continental service and 1 year, 8 months, and 14 days of foreign service * Item 28 (Battles and Campaigns), she did not participate in any campaigns * Item 33 (Decorations and Citations) and item 43 (Remarks), she was awarded or authorized the World War II Victory Medal, European-African-Middle Eastern Campaign Medal, American Theater Service Medal, and Army Lapel Button 5. The applicant's WD AGO Form 53-55 for the period 1 December 1946 through 28 June 1949 shows she entered active duty on 1 December 1946 and also held military occupational specialty 3449 (Nurse General Duty). This form also shows: * she was released from active duty in the rank of first lieutenant on 28 June 1949; at the time of separation, she was assigned to the Station Hospital, Camp Stoneman, CA, and she had completed 2 years, 6 months, and 28 days of continental service * Item 33 (Decorations and Citations) and item 43 (Remarks), she was awarded or authorized the World War II Victory Medal and Army Lapel Button REFERENCES: 1. Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the WD AGO Form 53-98 (Military Record and Report of Separation-Certificate of Service) for officers, and later the DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. 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, completed 1 year of continuous active Federal military service while the United States was at war. 3. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The Women’s Army Corps Service Medal was established by Executive Order 9365, announced in War Department Bulletin 17, 1943. It is awarded for service in both the Women’s Army Auxiliary Corps between 10 July 1942 and 31 August 1943 and the Women’s Army Corps between 1 September 1943 and 2 September 1945. b. 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 United States but within the American Theater of Operations, or 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. c. The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955. Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945. To be eligible, personnel must have served in a unit that received occupation credit. The applicant's unit, the 82nd General Hospital, did not receive occupation credit. DISCUSSION: 1. The applicant served as a commissioned officer. The Army Good Conduct Medal is awarded to enlisted personnel. She does not meet the criteria for this award. 2. Award of the Women’s Army Corps Service Medal is authorized for service in both the Women’s Army Auxiliary Corps between 10 July 1942 and 31 August 1943 and the Women’s Army Corps between 1 September 1943 and 2 September 1945. The applicant did not serve in either. She served in the Army Nurse Corps. 3. The World War II Victory Medal and European-African-Middle Eastern Campaign Medal are already listed on her WD AGO Form 53-98 for the period 20 August 1952 through 29 January 1946. 4. The applicant meets the criteria for award of the American Campaign Medal in that she completed 1 year, 8 months, and 26 days of continental service. 5. The applicant's unit (82nd General Hospital did not receive occupation credit during World War II. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015757 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015757 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2