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ARMY | BCMR | CY2006 | 20060015524
Original file (20060015524.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	17 May 2007  
	DOCKET NUMBER:  AR20060015524 


	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

Ms. Phyllis B. Mackey 

Analyst


The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney E. Barber

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, the son of a former service member (FSM) (deceased), requests, in effect, that his father be awarded foreign services medals for his service during WW II (World War).

2.  The applicant states, in effect, that the FSM may be entitled to foreign medals that were not previously awarded to him. 

3.  In support of his application, the applicant submitted a copy of his birth certificate; a copy of his father’s death certificate; documents that he obtained from the internet in reference to foreign medals awarded to the104th Infantry Division; a letter addressed to the Chief, Support Division, St. Louis, dated
30 October 2006; and a letter addressed to “Sir/Madam,” dated 7 March 
2006 and, a letter addressed to the applicant from the Chief, Support Division, St. Louis, dated 2 May 2006. 
  
CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting, on behalf of the FSM, correction of an alleged error or injustice, which occurred on 23 November 1945, the date the FSM was honorably discharged from active duty.  The application submitted in this case is dated 30 October 2006 and was received for processing on 6 November 2006.

2.  The FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the FSM's enlisted record and report of separation.

3.  The evidence shows the FSM was inducted into the Army of the United States on 2 June 1942 and entered service in Phoenix, Arizona, on the same date.  The FSM was honorably discharged under the provisions of Army Regulation (AR) 615-369, in the grade of PVT (Private), on 23 November 1945.

4.  At the time of his discharge the FSM had served 1 year, 11 months and 
3 days of Continental Service and 7 months and 25 days of Foreign Service, with 324 days of lost time.

5.  Item 6 (Organization), of the FSM's WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, shows his last duty station prior to his discharge was, Camp McQuaide, California.  The applicant alleges his father served with the 104th Infantry Division while he served in WW II.
6.  Item 30 (Military Occupational Specialty and No.), of the FSM's WD AGO Form 53-55, shows he completed basic training and was awarded the MOS (Military Occupational Specialty) 521/Basic.

7.  Item 31 (Military Qualification and Date), of the FSM’s WD AGO Form 
53-55 shows he was awarded the Marksman Marksmanship Qualification Badge, with Rifle Bar [30 Caliber Rifle] and Carbine Bar.

8.  Item 32 (Battles and Campaigns), of the FSM's WD AGO Form 53-55 shows, that he was given credit for participating in the “France Campaign” of WW II.

9.  Item 33 (Decorations and Citations), of the FSM's WD AGO Form 53-55, shows he was awarded the American Theater Ribbon; and the European African-Middle Eastern Theatre Campaign Ribbon with one bronze service star.  

10.  Item 55 (Remarks) of the FSM’s WD AGO Form 53-55 shows that the FSM was awarded the World War II Victory Lapel Button. 

11.  No other awards are shown on the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  In 1973, a fire at the National Personnel Records Center destroyed, it is estimated, approximately 18 million Official Military Personnel Files.  It is believed that the FSM's records were among the records that were lost.  Because of the loss of these records, as well as all other documents, the unit the FSM specifically served with while in WW II cannot be definitely determined; therefore, a determination which unit awards he is entitled to cannot be made.

2.  The FSM served 7 months and 25 days in an overseas unit.  However, there is no evidence to show that he was assigned or attached to the 104th Infantry Division and was entitled to any citations or awards that were awarded to that unit.  

3.  There is no evidence to justify awarding the FSM any additional awards that are not listed on his WD AGO Form 53-55.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ena___  _AU_____  __RB___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





_____Eric N. Andersen______
          CHAIRPERSON




INDEX

CASE ID
AR20060015524
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070517
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.


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