RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 October 2007
DOCKET NUMBER: AR20070007039
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. Scott W. Faught
Member
Mr. Roland S. Venable
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 her deceased father's records, a former service member (FSM), to show award of the World War II Victory Medal and the "European-Middle Eastern-North African Theater Medal" [sic].
2. The applicant states that due to an administrative oversight, the awards were not listed on the FSM's record.
3. The applicant provided a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), the FSM's Certificate of Death, the FSM's Marriage License, and her Certificate of Live Birth in support of her application.
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 applicants 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 applicants 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 for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the FSMs records were lost or destroyed in that fire. However, those remaining documents together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.
3. The FSM's WD AGO Form 53-55 shows he was inducted in the Army of the United States and entered into active service on 15 April 1942 at Fort Warren, Wyoming, in military occupational specialty (MOS) 931 (Heavy Truck Driver). This form also shows that he was assigned to the 235th Quartermaster Mobile Battalion, 26th Quartermaster Group, Fifth Army.
4. The applicant's WD AGO Form 53-55 further shows he served in the European-African-Middle Eastern (EAME) Theater of Operations during two periods 19 August 1942 through 15 January 1945 and 9 May 1945 through 13 September 1945.
5. The applicant's WD AGO Form 53-55 shows he completed 7 months of continental service and 2 years, 10 months, and 20 days of foreign service. He was honorably separated on 4 October 1945.
6. Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Algeria-French Morocco, Tunisia, Rome-Arno, and the North Apennines campaigns of WWII.
7. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant was awarded the Good Conduct Medal and the Bronze Service Arrowhead. Item 33 does not show he was awarded the European-African-Middle Eastern Campaign Medal or the World War II Victory Medal.
8. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations. It states, in pertinent part, that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
9. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945. This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat. The regulation 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. This regulation states that 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 contends that her deceased father, a FSM, is entitled to award of the World War II Victory Medal and the "European-Middle Eastern-North African Theater Medal." It is believed the applicant is referring to the European-African-Middle Eastern Campaign Medal.
2. The FSM's records show that he served in the EAME Theater of Operations during the periods 19 August 1942 through 15 January 1945 and 9 May 1945 through 13 September 1945. Therefore, he is entitled to award of the European-African-Middle Eastern (EAME) Campaign Medal and correction of his records to show this award.
3. The FSM's records show that he served during the period 15 April 1942 through 4 October 1945, which is a qualifying period for award of the World War II Victory Medal. Therefore, he is entitled award of the World War II Victory Medal and correction of his military records to show this award.
4. The FSM's records show that he participated in four campaigns during his service within the boundaries of the EAME Theater. Therefore, he is entitled to awards of four bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.
BOARD VOTE:
__lds___ __swf___ __rsv___ 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 showing award of the World War II Victory Medal and the European-African-Middle-Eastern Campaign Medal with four bronze service stars.
Linda D. Simmons
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070007039
SUFFIX
RECON
DATE BOARDED
20071025
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.
107.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2013 | 20130000348
The FSM's military records are not available to the Board for review. On 30 January 1946, the Acting The Adjutant General wrote a letter to the FSM wherein he informed the FSM that a review of his military records indicated that he was entitled to the following awards, which he could have added to his discharge certificate by presenting it to the Demobilized Personnel Records Branch in St. Louis, Missouri: * PH with OLC * Good Conduct Medal * Combat Infantryman Badge * American Theater...
ARMY | BCMR | CY2008 | 20080017138
The applicant requests that the military records of her deceased husband, the Former Service Member (FSM), be corrected to add the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, and any other awards or decorations he may have been entitled to receive. All five campaigns listed on the FSM's WD AGO Form 53-55 are in the European-African-Middle Eastern Theater. As a result, the Board recommends that the WD AGO 53-55 of the FSM be corrected by adding the...
ARMY | BCMR | CY2002 | 2002082274C070215
In support of her claim for award of the Purple Heart, the applicant provided two newspaper articles which state that the FSM was wounded in action on 2 November in Germany. Therefore, the FSM's military records should be corrected to show award of the Purple Heart for wounds sustained on 2 November 1944 in the European Theater of Operations. Therefore, the FSM is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.
ARMY | BCMR | CY2002 | 2002076505C070215
There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. The applicant signed his WD AGO Form 53-55 on 15 January 1946 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal...
ARMY | BCMR | CY2013 | 20130007376
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was a Prisoner of War (POW) during World War II (WWII). Records show the applicant served a qualifying period of service for award of the World War II Victory Medal.
ARMY | BCMR | CY2013 | 20130014054
The evidence of record shows the FSM's unit was awarded occupation credit for the occupation of Germany. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Ardennes-Alsace campaign to his WD AGO Form 53-55, and b. adding the following awards to item 33 of his WD AGO Form 53-55: * Army of Occupation Medal with Germany Clasp * World War II Victory Medal * One silver service star affixed to his previously-awarded...
ARMY | BCMR | CY2008 | 20080014143
The applicant requests the records of his deceased father, a former service member (FSM), be corrected to show award of the Purple Heart. The evidence of record shows the FSM was awarded the European-African-Middle Eastern Campaign Medal. With respect to award of the Purple Heart, there are no general orders that show the FSM was awarded the Purple Heart and there is no evidence in his available service personnel records which shows he was wounded or injured as a result of hostile action...
ARMY | BCMR | CY2008 | 20080004877
The applicant requests correction of the discrepancy between the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge), of her deceased husband, a former service member (FSM), which shows he was awarded the Silver Star, and the National Records Personnel Center (NRPC) which authorized shipment of the Bronze Star Medal. The FSMs military records are not available to the Board for review. The FSM's records show that he is entitled to additional awards that are...
ARMY | BCMR | CY2013 | 20130008639
The applicant, the son of a deceased former service member (FSM), requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), Army of Occupation Medal with Germany Clasp, and any awards and decorations to which he may be entitled. The applicant states: * award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and Army of Occupation...
ARMY | BCMR | CY2002 | 2002082785C070215
The applicant requests, as the widow of the former service member (FSM), that her late husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was wounded in action, that he was a prisoner of war and that he served in the Glider Division. There are no orders for the Combat Infantryman Badge in the available records; however, the FSM'S WD AGO Form 53-55 shows that he served in military occupational specialty (MOS) 745 (rifleman) during World War...