RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 July 2005
DOCKET NUMBER: AR20040011379
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. Michael J. Fowler | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. Larry C. Bergquist | |Member |
| |Mr. James B. Gunlicks | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
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 any award he
is authorized.
2. The applicant states, in effect, that he served in the Army Air Force
from 1942 through 1945 and he did not receive any earned awards.
3. The applicant provides a WD AGO Form 53-55.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 23 September 1945. The application submitted in this case is
dated
4 September 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant’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
applicant’s records were lost or destroyed in that fire. However, this
case is being considered using reconstructed records, which primarily
consist of his WD AGO Form 53-55.
4. The applicant's WD AGO Form 53-55 with the ending period 23 September
1945 shows he was inducted and entered active duty on 15 December 1942.
Records show that he served in the United States assigned to the 110th Army
Air Force Bomber Unit. He was honorably discharged on 23 September 1945.
5. Item 33 (Decorations and Citations) shows the entry "NONE."
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the American Campaign Medal. This campaign medal is awarded
for qualifying service in the American Theater between 7 December 1941 and
2 March 1946. Qualifying service for this campaign medal includes
permanent assignment outside the continental United States but within the
American Theater of Operations, duty as a crewmember aboard a vessel
sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty
outside the continental United States as a passenger or in a temporary duty
status for 30 consecutive or 60 nonconsecutive days, or active combat
against the enemy and was awarded a combat decoration or furnished a
certificate by a corps commander or higher, or service within the
continental United States for an aggregate period of one year.
7. Army Regulation 600-8-22 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 evidence of record shows that the applicant is eligible for award of
the American Campaign Medal and the World War II Victory Medal. Therefore,
his WD AGO Form 53-55 should be amended to add these awards.
BOARD VOTE:
__ WDP _ __ LCB _ __ JBG _ 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 and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending his WD AGO Form 53-55 to add
award of the American Campaign Medal and the World War II Victory Medal.
__ William D. Powers __
CHAIRPERSON
INDEX
|CASE ID |AR20040011379 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |28 July 2005 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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