BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100020407 


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, the son of the deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show authorization of the World War II Victory Medal.

2.  The applicant states the World War II Victory Medal was omitted from the FSM's WD AGO Form 53-55.

3.  The applicant provides copies of the FSM's WD AGO Form 53-55, obituary, death certificate, the FSM's spouse's obituary, and the applicant's Military Airlift Command Transportation Authorization, driver's license, and birth certificate.

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

3.  The FSM's WD AGO Form 53-55 shows:

	a.  he was inducted into the Army of the United States on 15 February 1941;

	b.  he served in the European theater of operations from 8 October 1942 to 21 June 1945;

	c.  he participated in two campaigns;

	d.  his awards include the Army Good Conduct Medal, American Defense Service Medal, and European-African-Middle Eastern Service Medal; and

	e.  he was honorably discharged on 4 July 1945 in the rank of sergeant.

4.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive; and

	b.  for a bronze service star for wear on the European-African-Middle Eastern Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's WD AGO Form 53-55 should be corrected to show authorization of the World War II Victory Medal.

2.  The available evidence clearly shows the FSM served during a qualifying period for authorization of the World War II Victory Medal.  Therefore, this award should be added to his WD AGO Form 53-55.

3.  The available evidence clearly shows that the FSM participated in two campaigns.  Therefore, he is authorized to wear two bronze service stars on his European-African-Middle Eastern Service Medal.



BOARD VOTE:

___x_____  __x______  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 and two bronze service stars for wear on his European-African-Middle Eastern Service Medal to the FSM's WD AGO Form 53-55.



      __________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.

ABCMR Record of Proceedings (cont)                                         AR20100020407



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ABCMR Record of Proceedings (cont)                                         AR20100020407



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