IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20070015504
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his records to show an unspecified award for valor and to show two awards of the Legion of Merit.
2. The applicant states, in effect, that his action did involve actual conflict with an enemy near Gela, Sicily on 12 July 1943.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a letter awarding the Legion of Merit, dated 19 November 1964; his general orders awarding him the Soldiers Medal; information on the Ranger Force, dated 1 July 1943; a summary of the invasion at Gela, Sicily, dated 17 August 1943; extracts from a unit record/history for the period 10 July 1943 to 18 August 1943 (Sicily Campaign); his recommendation for award of the Legion of Merit, dated 21 August 1943; an article from the World War II Magazine, dated September 1999; an article from the Army Magazine, dated September 1962; an article from the Saturday Evening Post, dated 19 February 1944; and an extract from the book entitled They Called It Purple Heart Valley.
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. After having had prior enlisted service in the National Guard and the Regular Army, the applicant was appointed as a commissioned officer on 12 June 1939.
3. The applicant provided a letter, dated 21 August 1943, which shows the commander of the 39th Engineer Combat Regiment recommended him for award of the Legion of Merit for meritorious service during the Sicily campaign.
4. The applicant was released from active duty on 31 July 1964 for retirement. His DD Form 214 does not show entitlement to any awards of the Legion of Merit.
5. In a 19 November 1964 letter, the Adjutant General informed the applicant that he was awarded the Legion of Merit for meritorious service during the period January 1957 to July 1964.
6. The historical files of the 39th Combat Engineer Regiment, VII Corps and I Armored Corps were reviewed at the National Archives in College Park, Maryland. The review failed to show any documentation showing the applicants entitlement to award of the Legion of Merit.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a recommendation for award of the Legion of Merit, dated 21 August 1943, for service during the Sicily campaign. However, there are no orders which show he was authorized the Legion of Merit for this period.
2. The applicant provided a letter, dated 19 November 1964, authenticated by an Adjutant General, which shows he was awarded the Legion of Merit for meritorious service during the period January 1957 to July 1964. This letter is accepted as sufficient as a basis for correction of his records to show one award of the Legion of Merit.
3. The applicant requested correction of his records to show an unspecified award for valor based on his conflict with enemy forces in lieu of the Soldiers Medal. There are no orders or other evidence on file in his record authorizing an award for valor. In the absence of a proper award authority for an award for valor, the applicant may request this award under the provisions of Section 1130 of Title 10, United States Code. The applicant has been notified by separate correspondence. As a result, this portion of the applicants request will not be discussed further in this Record of Proceedings.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___xx___ ___xx___ ___xx___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding one award of the Legion of Merit to his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to two awards of the Legion of Merit.
______xxxx__________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070015504
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