IN THE CASE OF:  	  

		BOARD DATE:  10 March 2015	  

		DOCKET NUMBER:  AR20140013316 


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, in effect, that his deceased uncle, a former service member (FSM), be awarded the World War II (WWII) Victory Medal.

2.  The applicant states, in effect:

   a.  the FSM should be awarded the WWII Victory Medal for his dedicated service in the time of war;
   
   b.  it appears the FSM did not receive the WWII Victory Medal because it was awarded after he was separated from the service; and
   
   c.  it would be a great tribute to add this award to the FSM's record.

3.  The applicant provides:

* Honorable Discharge Certificate
* Certificate of Death
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* Declaration of Intention
* Certificate of Birth
* The Smith Maternity Certificate of Birth with Right Finger and Right Foot Prints
* Notification of Birth Registration
* Two Holy Cross Cemetery Lot Inquiry Lists
* Philadelphia Pennsylvania extract of a Listing of Names and other personal identifying information
* Ancestry 1930 U.S. Federal Census Record
* Commonwealth of Pennsylvania County of Philadelphia Marriage License
* Certificate of Birth

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 complete 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 (NPRC) in 1973.  It is presumed the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed NPRC file to conduct a fair and impartial review of this case.  This case is being considered using partially burned reconstructed records and the FSM's WD AGO Form 53-55.

3.  The FSM’s WD AGO Form 53-55 shows he enlisted in the Army of the United States and entered active duty on 8 April 1941.  He was trained in, awarded, and served in military occupational specialty 3008 (Airplane Mechanic). It also shows he served in the European Theater of Operations from 12 January 1943 to 31 July 1945. 

4.  Item 33 (Decorations and Awards) shows he earned the following awards:

* Army Good Conduct Medal
* American Defense Service Medal
* European-African-Middle Eastern Campaign Medal

5.  On 5 October 1945, he was honorably discharged in the rank of sergeant.  He completed 4 year, 5 months, and 28 days of creditable active duty service of which 2 years, 7 months, and 8 days was foreign service.
6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 5-11 of the awards regulation provides, in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

The applicant's World War II service entitles him to the World War II Victory Medal.  Thus, it would be appropriate to add this award to his separation document at this time.

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.  adding the World War II Victory Medal to the list of awards shown on his 
WD AGO Form 53-55; and 

   b.  issuing a corrected document to show this award.



      _______ _   _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)                                         AR20140013316



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ABCMR Record of Proceedings (cont)                                         AR20140013316



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