RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 December 2007
	DOCKET NUMBER:  AR20070011440 


	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:


Mr. Jeffrey C. Redmann

Chairperson

Mr. John G. Heck

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 correction of his records to show additional awards and decorations he earned during his service in World War II (WWII).

2.  The applicant states, in effect, that he served in various units during WWII and that there are other awards he was entitled to, that are not listed on his WD AGO Form 53-55 (Enlisted Record and Report of Separation).  He would like to correct his record for family display and burial honors. 

3.  The applicant provided a copy of his WD AGO Form 53-55, dated 
22 November 1945; a copy of his WD AGO Form 100 Separation Qualification Record), dated 22 November 1945; DA Form 1577 (Authorization for Issuance of Awards), dated 16 July 2002; and an undated self-authored letter, in support of his 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 applicant'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 applicant’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 applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States on 1 March 1943 and entered active duty on 7 March 1943 in military occupational specialty (MOS) 345 (Light Truck Driver).  This form also shows that he was assigned to the 3372nd Signal Service Battalion.

4.  The applicant's WD AGO Form 53-55 further shows he served in the European-African-Middle Eastern (EAME) Theater during the period 16 October 1943 through 18 August 1945.

5.  The applicant's WD AGO Form 53-55 shows he completed 8 months and 25 days of continental service and 1 year, 11 months, and 20 days of foreign service.  He was honorably separated on 22 November 1945.

6.  Item 32 (Battles and Campaigns) shows that the applicant participated in the Northern France campaign of WWII.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant was awarded the World War II Victory Medal, the Good Conduct Medal, and the European-African-Middle Eastern Campaign Medal.  

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "None."

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, 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.  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's WD AGO Form 53-55 appears to be accurate.  It reflects all the decorations, citations, and qualifications he is entitled to.  There is no evidence that the applicant served in another unit or was entitled to additional awards or decorations.

2.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jcr___  __jgh___  __qas___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show a bronze service star is affixed to his already-awarded European-African-Middle Eastern Campaign Medal.




							Jeffrey C. Redmann
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011440
SUFFIX

RECON

DATE BOARDED
20071213
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.