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 applicant’s 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 applicant’s 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 FSM’s 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.