RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070015388 


	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

Ms. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallagher

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 the Bronze Star Medal and the Army of Occupation Medal be included on his Enlisted Record and Report of Separation (WD AGO Form 53-55).

2.  The applicant states that he went to his local funeral director to make burial arrangements and he noticed that the Bronze Star Medal and the Army of Occupation Medal were not included on his WD AGO Form 53-55.

3.  The applicant provides in support of his application, a copy of his WD AGO Form 53-55.

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 military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

3.  The applicant was inducted into the Army on 9 September 1941 and he successfully completed his training as a medical noncommissioned officer.  He was transferred to the European Theater of Operations on 17 March 1945.

4.  The applicant returned to the Continental United States on 18 November 1945 and he was honorably discharged on 24 November 1945, under the provisions of Army Regulation 615-365, due to demobilization.




5.  The WD AGO Form 53-55, that the applicant was furnished at the time of his discharge shows that he was awarded the Army Good Conduct Medal, the American Defense Ribbon, the European-African-Middle Eastern Theater Ribbon, the American Theater Ribbon, the Army Service Ribbon, one Overseas Service Bar, and the Honorable Service Lapel Button.  His WD AGO Form 53-55 also shows that he qualified for the Combat Medical Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar; and that he participated in the Central Europe Campaign.

6.  On 23 July 2003, the National Personnel Records Center notified the applicant that he was entitled to the Bronze Star Medal, the Army Good Conduct Medal, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal with one Bronze Service Star, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp, the Combat Medical Badge, the Honorable Service Lapel Button (World War II), and the Marksman Marksmanship Qualification Badge with Rifle Bar.  The applicant was also furnished these awards; however, the Bronze Star Medal, the Army of Occupation Medal with Germany Clasp, the World War II Victory Medal, and the one Bronze Service Star for wear on his European-African-Middle Eastern Campaign Medal, were never included on his WD AGO Form 53-55.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

10.  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.  There were administrative errors made during the preparation of the applicant's WD WGO Form 53-55 which resulted in several of his awards being omitted from his DD Form 214.

2.  The available record shows that he is entitled to the Bronze Star Medal, the Army of Occupation Medal with Germany Clasp, the World War II Victory Medal, and one Bronze Service Star for wear on his European-African-Middle Eastern Campaign Medal.  Therefore, these awards should be included on his WD AGO Form 53-55.

3.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

__RTD__  __DRG__  __MJNT__  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 his WD AGO Form 53-55 to show that he was awarded the Bronze Star Medal, the Army of Occupation Medal with Germany Clasp, one Bronze Service Star for wear on his European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.




____Richard T. Dunbar____
          CHAIRPERSON




INDEX

CASE ID
AR20070015388
SUFFIX

RECON

DATE BOARDED
20080228
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  189
110.0000/DISCHARGE DOCUMENTS
2.  1
110.0400/ADD APPROVED AWARDS
3.

4.

5.

6.