RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20060011759
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. William f. Crain | |Chairperson |
| |Mr. Edward E. Montgomery | |Member |
| |Ms. Rea M. Nuppenau | |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, correction of his WD AGO Form 53-55
(Enlisted Record and Report of Separation) to show all awards he earned.
2. The applicant states he would like to find out what awards he actually
earned in World War II.
3. The applicant provides a true copy of his WD AGO Form 53-55.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 5 January 1946. The application submitted in this case
is dated 10 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 that the
applicant’s records were lost or destroyed in that fire. However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.
4. The applicant was inducted into the Army on 26 October 1942 and entered
active service on 9 November 1942. He arrived in the European-African-
Middle Eastern Theater of Operations on 2 September 1943. He departed the
theater on 24 December 1945. He was honorably separated on 5 January 1946.
5. The applicant’s WD AGO Form 53-55 shows his organization as the 4078th
Quartermaster Service Company. It shows he was credited with participation
in the Naples-Foggia and the Rome-Arno campaigns. It shows he was awarded
the European-African-Middle Eastern Campaign Medal and the World War II
Victory Medal.
6. Army Regulation 600-8-22 (Military Awards) authorizes award of the
European-African-Middle Eastern Campaign Medal for qualifying service in
the European-African-Middle Eastern Theater of Operations for the period
7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also
authorizes a bronze service star, based on qualifying service, for each
campaign listed in Appendix B of this regulation or listed in item 32
(Battles and Campaigns) of the WD AGO Form 53-55. Authorized bronze
service stars will be worn on the appropriate campaign or service medal
including the European-African-Middle Eastern Campaign Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s service records were lost or destroyed in the National
Personnel Records Center in 1973; however, it can be determined that he is
authorized to wear two bronze service stars on his European-African-Middle
Eastern Campaign Medal.
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 January 1946; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 1 January 1950 (3 years after the Board was
established on 2 January 1947). The applicant did not file within the 3-
year statute of limitations; however, based on the available evidence, it
would be in the interest of justice to excuse failure to timely file in
this case.
BOARD VOTE:
__wfc___ __eem___ __rmn___ 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 show
he is authorized to wear two bronze service stars on his already-awarded
European-African-Middle Eastern Campaign Medal.
__William F. Crain____
CHAIRPERSON
INDEX
|CASE ID |AR20060011759 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070308 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. |110.04 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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