IN THE CASE OF: BOARD DATE: 18 January 2019 DOCKET NUMBER: AR20170009163 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 January 2019 DOCKET NUMBER: AR20170009163 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his record to show award of the Army Good Conduct Medal (AGCM) and the World War II (WWII) Victory Medal. 2. The applicant states, in effect, as a matter of honor he should be awarded the medals in recognition of his service during WWII. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) 2. The applicant's complete military record is 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 his records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered primarily using his WD AGO Form 53-55 and Electronic Army Serial Number Merged File provided by the National Personnel Records Center. REFERENCES: 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. 2. Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the AGCM 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. The award would not be made to an enlisted man whose records during the required period of service disclosed a conviction by any court-martial or to one whose character or efficiency was rated below "excellent." The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the discharge certificate. 3. Army Regulation 600-8-22 (Military Awards) states the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. DISCUSSION: 1. While 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 was inducted into the Army of the United States on 26 December 1944. The applicant was honorably discharged on 20 October 1945 after serving 9 months and 25 days of continental service. The applicant did not receive any decorations or citations; however, he was issued a lapel button. 3. The applicant did not serve 1 year of continuous active Federal military service while the United States was at war, which at the time of his service, was required for award of the Army Good Conduct Medal. 4. The available evidence shows the applicant completed a period of qualifying service for award of the WWII Victory Medal. 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 the World War II Victory Medal to item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge). 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 award of the Army Good Conduct Medal. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170009163 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2