PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 March 2002
	DOCKET NUMBER:   AR2001065015

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, Jr.		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 his military records be corrected to show he served as commissioned officer during his active duty tenure and that his date of discharge be corrected to read 31 December 1946. 

3.  The applicant states, in effect, that he qualified for officer candidate school (OCS) but prejudice denied his attendance.  He states that he was separated from the Army on partial records and that the date of his discharge listed on his separation document (WD AGO Form 53-55) is incorrect.  In support of his application, he submits a copy of a Certification of Military Service (NA Form 13038), dated 12 October 2001, published by the National Personnel Records Center (NPRC), National Archives and Records Administration (NARA).

4.  The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center (NPRC) fire in 1973.  The information herein was gleaned from a copy of his WD AGO Form 53-55, NA Form 13038, and a 
Final Payment-Work Sheet (WD Form 372A).

5.  The applicant’s WD AGO Form 53-55 verifies that he was inducted into the Army of the United States (AUS) on 9 January 1945 and that he continuously served on active duty until being honorably discharged on 2 December 1946.  It also shows that on the date of his separation he held the rank of Technician 
5th Grade (Tec 5) and that he served in the Pacific Theater of Operations (PTO) from 30 August 1945 until 23 September 1945.  In addition, it shows that he earned the Asiatic Pacific Service Medal and the World War II Victory Medal.  

6.  The NA Form 13038 provided by the applicant also confirms that he served on active duty from 9 January 1945 through 2 December 1946 and was honorably discharged, in the rank of Tec 5, at that time.  The WD Form 372A also verifies the applicant’s discharge date was 2 December 1946.

7.  On 12 October 2001, an Authorization for Issuance of Awards (a DA Form 1577) was issued to the applicant by the Commander, U.S. Army Soldier and Biological Chemical Command, Soldier System Team, Philadelphia, Pennsylvania, which authorized that the applicant be issued the Army Good Conduct Medal (AGCM) and reissued the Asiatic Pacific Service Medal, and World War II Victory Medal.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 4 contains guidance on awarding the AGCM.  It states, in pertinent part, that it is awarded for a qualifying period of honorable service performed between 7 December 1941 and 2 March 1946.  It further indicates that, for the first award only, a period of 1 or more years is a qualifying period when awarded at the termination of Federal service. 

CONCLUSIONS:

1.  The Board wishes to congratulate the applicant on his World War II service, but it finds insufficient evidence to support his claim that his discharge date is incorrect.  The available evidence confirms that his separation date was 
2 December 1946, and lacking independent evidence to the contrary, the Board regrettably is compelled to deny this relief. 

3.   In addition, there are no facts and circumstances surrounding the events that led to his non-selection to attend OCS on file, and the applicant has failed to provide independent evidence to show prejudice was involved in his OCS 
non-selection.  Thus, the Board presumes government regularity in the OCS selection process and it finds no evidentiary basis for this relief.

4.  The evidence shows that applicant completed a qualifying period of honorable service that entitles him to the AGCM and that he was previously issued this award by an authorized Army agency.  Thus, the Board concludes this award should be added to his record at this time. 

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 by showing that the individual concerned earned the Army Good Conduct Medal; and by providing him a corrected separation document that reflects this change.  

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

BOARD VOTE:  

__SLP__   __SK __   __EJA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		         __Shirley L. Powell__
		             CHAIRPERSON

INDEX

CASE ID	AR2001065015	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/19	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.