RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 November 2007
DOCKET NUMBER: AR20070009207
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. Carmen Duncan
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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show he served in the European-African-Middle Eastern Theater of Operations.
2. The applicant states his unit was in England rebuilding bridges.
3. The applicant provides two letters from the National Personnel Records Center; two letters from the Review Boards Agency, Support Division; a letter to the Review Boards Agency, Support Division; a copy of his WD AGO Form 53-55; a copy of his WD AGO Form 24 (Service Record); a history of the 1169th Engineer Group (Combat), Alabama Army National Guard; and copies of three pass cards.
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 applicant enlisted in the Army National Guard on 10 June 1940. He entered active duty on 27 June 1941.
3. Item 33 (Decorations and Citations) of the applicants WD AGO Form 53-55 shows he was awarded the Asiatic Pacific Theater Ribbon with one bronze service star, the American Defense Service Ribbon with one bronze service star, and the European-African-Middle Eastern Theater Ribbon.
4. Item 36 (Service Outside Continental U. S. and Return) of the applicants WD AGO Form 53-55 shows that he departed the continental United States on 15 August 1941 and arrived in the Pacific Theater on 22 August 1941; that he
departed the Pacific Theater on 27 November 1942 and arrived in the continental United States on 1 December 1942; that he departed the continental United States on 1 February 1943 and arrived in the Pacific Theater on 9 February 1943; and that he departed the Pacific Theater on 1 June 1944 and arrived in the continental United States on 10 June 1944.
5. The applicants WD AGO Form 24 shows he departed the United States on 14 October 1944 and arrived in England on 25 October 1944. He provided copies of passes to show he was also in Belgium and in France. He departed the European-African-Middle Eastern Theater of Operations on an unknown date. His WD AGO Form 24 shows he arrived in the United States on 22 July 1945.
6. The applicant was honorably discharged on 27 July 1945.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant departed the continental United States on 14 October 1944 and served in the European-African-Middle Eastern Theater of Operations from 25 October 1944 to on or about 27 July 1945. His WD AGO Form 53-55 should be amended to reflect this fact.
BOARD VOTE:
__lds___ __cd____ __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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 36 of his WD AGO Form 53-55 to show he departed the continental United States on 14 October 1944; arrived in the European-African-
Middle Eastern Theater of Operations on 25 October 1944; departed the European-African-Middle Eastern Theater of Operations on an unknown date; and arrived in the United States on 27 July 1945.
__Linda D. Simmons____
CHAIRPERSON
INDEX
CASE ID
AR20070009207
SUFFIX
RECON
DATE BOARDED
20071114
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
100.00
2.
3.
4.
5.
6.
ARMY | BCMR | CY2014 | 20140017686
The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Army of Occupation Medal with Germany Clasp. Therefore, the FSM is entitled to award of the Bronze Star Medal based upon his receipt of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to reflect this award. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2011 | 20110011899
The applicant, the son of a deceased former service member (FSM), requests correction of the FSM's record to show he served in the Pacific theater of operations (PTO) during his World War II service and to show the following awards based on his service in the PTO: Asiatic-Pacific Campaign Medal, Philippine Liberation Ribbon, and Philippine Republic Presidential Unit Citation. The applicant states, in effect, two Army records show the FSM served in the PTO, but his WD AGO Form 53-55...
ARMY | BCMR | CY2008 | 20080006011
Evidence does show that prior to the FSM becoming a prisoner of war he was assigned to the 168th Engineer Combat Battalion during a period of time the unit was awarded the Presidential Unit Citation and the Citation in the Order of the Day of the Belgian Army. Records show the FSM was returned to military control on 28 April 1945; his WD AGO Form 53-55 shows he departed the European theater of operations on 15 May 1945. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2008 | 20080000695
The applicant states, in effect, that the documentation provided is sufficient to correct his records to show a true and correct military record. It is appropriate to correct the record to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the awards that are currently shown on the applicants WD AGO Form 53-55; and b. showing the applicant's authorized awards include the Silver Star, the...
ARMY | BCMR | CY2014 | 20140007767
The applicant states he was assigned to the Americal Division the entire time he was overseas and he came home with the 27th Division and he served in the Pacific Theater of Operations (PTO) in the Philippines, the Solomon Islands, and Japan. Unfortunately, there was insufficient evidence remaining in his record and he did not provide sufficient documentary evidence to show he was assigned to the Americal Division immediately prior to his transfer to the separation activity listed on his WD...
ARMY | BCMR | CY2010 | 20100009712
A second WD AGO Form 0365-1, undated, shows the FSM was returned to duty on 3 April 1945 after he was injured in the European Theater of Operations on 27 February 1945. Therefore, the FSM should be posthumously awarded the Purple Heart and his WD AGO Form 53-55 for the period ending 13 October 1945 should be corrected to reflect this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of the...
ARMY | BCMR | CY2013 | 20130018545
The applicant's complete military records are not available to the Board for review. The evidence of record confirms the applicant received an injury as the result of enemy action in the European theater on 12 October 1944 as annotated on his WD AGO Form 53-55. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for injuries received due to hostile action in the European theater on 12 October...
ARMY | BCMR | CY2002 | 2002074180C070403
Therefore, he is entitled to correction of his records to show these service awards. Therefore, he is entitled to correction of his records to show these service awards. Therefore, the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.
ARMY | BCMR | CY2007 | 20070015477
The applicants military records are not available to the Board for review. Evidence of record shows that the applicants incorrect Army Serial Number was entered on the certificate that awarded him the Silver Star. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing the applicant a new certificate awarding him the Silver Star with his Army Serial Number shown as 12***988; b. deleting the Asiatic-Pacific...
ARMY | BCMR | CY2009 | 20090019495
The applicant provides a copy of his WD AGO Form 53-55, dated 21 November 1945; a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 20 November 2000; and an original certificate of commendation to the 91st Infantry Division, in support of his request. The evidence of record shows that the applicant served a qualifying period of service for award of the American Campaign Medal in that he served in the American Theater of Operations for 30 consecutive days and his unit...