RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2007
DOCKET NUMBER: AR20060011018
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. Gerard W. Schwartz | |Acting Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. John Infante | |Chairperson |
| |Ms. Susan A. Powers | |Member |
| |Mr. Qawiy A. Sabree | |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, in effect, that her deceased father, a former
service member (FSM), be awarded the World War I Victory Medal.
2. The applicant states, in effect, her father was never awarded the World
War I Victory Medal. She indicates that his separation document shows he
was issued a Victory Lapel Button.
3. The applicant provides the FSM's Honorable Discharge (WD Form 525) with
Enlistment Record in support of the application.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. On 8 February 2007, based on their request to be notified when the
FSM's records were assembled and ready for review, Counsel (Disabled
American Veterans) was notified the case was available for their review.
2. On 9 March 2007, a member of the Board staff was informed a DAV
counselor would be unable to review the case.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
that occurred on 12 March 1919, the date of the FSM's discharge. The
application submitted in this case was received on 7 August 2006.
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 the FSM's
records were lost or destroyed in that fire. However, this case will be
considered using reconstructed records consisting of the FSM's discharge
documents.
4. The FSM's WD Form 525 and Enlistment Record show he entered active duty
on 6 September 1918, and that he served for 6 months and 7 days until being
honorably discharged on 12 March 1919, by reason of Convenience of the
Government/ Demobilization. These documents show he participated in no
battles, engagements, skirmishes, or expeditions.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy. Paragraph 5-19 contains guidance on the World War I Victory Medal.
It states, in pertinent part, that it was established by War Department
General Order 48, in 1919, and is awarded for service between 6 April 1917
and
11 November 1918
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her deceased father is entitled to the
World War I Victory Medal was carefully considered and found to have merit.
By regulation, this award is authorized to members who served between 6
April 1917 and 11 November 1918.
2. The evidence confirms the FSM served on active duty in the Army from
6 September 1918 through 12 March 1919. Therefore, he is entitled to this
award.
BOARD VOTE:
__ JI____ __SAP__ __QAS __ 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 showing his entitlement to the World
War II Victory Medal.
_____John Infante ______
CHAIRPERSON
INDEX
|CASE ID |AR20060011018 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2007/04/03 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1919/03/12 |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. 46 |107.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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