IN THE CASE OF: BOARD DATE: 19 February 2015 DOCKET NUMBER: AR20140011436 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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the World War II Victory Medal. 2. The applicant states he never received the World War II Victory Medal. 3. The applicant provides his WD AGO Form 53-55. 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. His military record is not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents available to conduct a fair and impartial review of this case. This case is being considered using reconstructed records which primarily consist of the applicant's WD AGO Form 53-55 provided by the NPRC. 3. His WD AGO Form 53-55 contains the following pertinent information: * he was inducted into the Army of the United States on 6 April 1943 and entered active duty on 13 April 1943 * his military occupational specialty was Projectionist Motion Picture * he served in the European Theater of Operations from 18 December 1943 until his departure to the continental United States (CONUS) on 18 June 1945 * he was honorably discharged on 30 October 1945 after completing a total of 2 years, 6 months and 24 days of active military service * he served a total of 11 months and 26 days in CONUS * he served a total of 1 year, 6 months, and 22 days outside CONUS 4. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Central Europe, Rhineland, and Ardennes campaigns. 5. Item 33 (Decorations and Citations) of his WD AGO 53-55 shows he was awarded the Good Conduct Medal and European African Middle Eastern Service Ribbon (now known as the European-African-Middle Eastern Campaign Medal). 6. Army Regulation 600-8-22 (Military Awards) provides that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows the applicant served a qualifying period of service for award of the World War II Victory Medal and is entitled to have his WD AGO Form 53-55 corrected to show this award. 2. Evidence of record shows he participated in three campaigns. Therefore, he is entitled to correction of his WD-AGO 53-55 to show three bronze service stars on his already awarded European African Middle Eastern Campaign Medal. BOARD VOTE: ____x___ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. deleting "European African Middle Eastern Service Ribbon" from item 33 of his WD AGO 53-55; and b. adding the World War II Victory Medal and the European-African-Middle Eastern Campaign Medal with three bronze service stars to item 33 his 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) AR20140011436 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140011436 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1