IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070018158 


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, award of the American Defense Service Medal and World War II Victory Medal. 

2.  The applicant states, in effect, that he served in the U.S. Army Air Corps from 10 July 1943 to 23 October 1945 as a Navigator for B-24 Bombers, was stationed in the European Theater of Operations during World War II, and took part in the air offensive over Europe.  He also states he was awarded the Purple Heart, Prisoner of War Medal, and European-African-Middle Eastern Campaign Medal.  He adds that he believes his service also meets the requirements for award of the American Defense Service Medal and World War II Victory Medal.

3.  The applicant provides a copy of his War Department (WD) Adjutant General Officer (AGO) Form 55 (Honorable Discharge from the Army of the United States), dated 9 July 1943, with his Enlisted Record; WD AGO Form 53-98 (Certificate of Service), with an effective date of 23 October 1945; and National Archives and Records Administration (NA) Form 13038 (United States of America - Certification of Military Service), issued 26 May 1988.

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 service records are not available to the Board 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s WD AGO Form 55, dated 9 July 1943, that also contains an extract of his Enlisted Record, shows he enlisted in the Army of the United States as an aviation cadet on 18 June 1942.  This document also shows the applicant attended training at the Santa Ana Army Air Base, Santa Ana, California from
29 September 1942 to 3 December 1942; 12th Army Air Field, Flight Training Detachment, Phoenix, Arizona from 4 December 1942 to 8 January 1943; Santa Ana Army Air Base, Santa Ana, California from 9 January 1943 to 25 March 1943; 67th Base, Headquarters and Air Base Squadron, Mather Field, California from 26 March 1943 through 3 May 1943; and was unassigned as an air cadet at Mather Field, California from 4 May 1943 to 9 July 1943.  This document further shows the applicant was honorably discharged from the military by reason of completion of training on 9 July 1943.

4.  The applicant's WD AGO Form 53-98 (Certificate of Service), with an effective date of 23 October 1945, shows he entered active duty in the Army of the United States Air Corps, on 10 July 1943, in the grade of second lieutenant.  Item 31 (Service Schools Attended) shows the applicant attended Pre-Flight Navigation at Santa Ana, California; Advanced Navigation at Mather Field, California; and that he was awarded military occupational specialty 1034 (Navigator).  This document also shows the applicant departed the continental United States (CONUS) on 27 October 1943, arrived in the European Theater of Operations (ETO) on 2 November 1943, assigned to the 703rd Bomb Squadron, 445th Bomb Group (ETO); departed the ETO on 2 June 1945; and returned to CONUS on
11 June 1945.  Item 28 (Battles and Campaigns) shows he participated in the European Theater - Air Offensive Over Europe; Item 29 (Decorations and Citations) shows he was awarded the European-African-Middle Eastern Campaign Medal; and Item 30 (Wounds Received In Action) shows he was 
wounded on 22 December 1943 in the ETO.  This document further shows the applicant was honorably released from active duty on 23 October 1945 and credited with completing 7 months and 29 days CONUS service and 1 year,
7 months, and 14 days foreign service.

5.  The applicant’s NA Form 13038, issued on 26 May 1988, shows the applicant had prior enlisted service from 18 June 1942 to 9 July 1943.  This document also shows the applicant served in the grade of second lieutenant from 10 July 1943 until he was honorably released from active duty on 23 October 1945.

6.  The applicant's military service records contain a copy of a Transmittal of and/or Entitlement to Awards, dated 17 August 1988, and NA Form 13045 (Informal Information Reply), dated 27 May 1988.  These documents show, in pertinent part, that the Chief, Records Reconstruction Branch, National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, verified the applicant’s prisoner of war (POW) status during World War II from
22 December 1943 to 13 May 1945 and authorized award of the POW Medal.

7.  Review of the applicant's records reveal he may be entitled to additional awards and entries that are not shown on his WD AGO Form 53-98.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

10.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country, and dates of capture and release will be entered in the “Remarks” section of the discharge document.


11.  Army Regulation 600-8-22, 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.

12.  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 53-98.  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.  

13.  Army Regulation 600-8-22 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.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States, but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for
30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or
60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the American Defense Service Medal and the World War II Victory Medal because he was assigned in the American Theater and was also stationed overseas in the ETO during World War II.

2.  The evidence of record shows that the applicant served in the Army of the United States in an enlisted status as a cadet from 18 June 1942 to 9 July 1943 and as a commissioned officer from 10 July 1943 to 23 October 1945.  There is no evidence that the applicant served in the Army of the United States, or any other U.S. military service, within the American Theater during the period between 8 September 1939 and 7 December 1941.  Therefore, the evidence of record fails to support the applicant’s claim and he is not authorized award of the American Defense Service Medal.

3.  Upon review, it is reasonable to conclude that the applicant may be confusing the American Defense Service Medal with the American Campaign Medal.  In this regard, this additional discussion and conclusion is provided.  The evidence of record shows that the applicant served in the Army of the United States in an enlisted status as a cadet in a training status (emphasis added) at Army air fields in California and Arizona during the period 29 September 1942 through 3 May 1943, and that he was unassigned as an air cadet at Mather Field, California from 4 May 1943 through 9 July 1943.  Thus, the evidence of record fails to show the applicant was permanently assigned (emphasis added) within the American Theater during this period of service.  The evidence of record also shows the applicant served in the Army of the United States in a commissioned officer status and attended pre-flight and advanced navigation training in California from 10 July 1943 to on or about 26 October 1943 (i.e., 3 months and 16 days) in a training status (emphasis added).  This document further shows the applicant served overseas in the ETO from 27 October 1943 to 10 June 1945, returned to CONUS on 11 June 1945, and was honorably discharged on 23 October 1945.  Thus, the evidence of record documents that the applicant served on permanent assignment within the American Theater from 11 June 1945 to 23 October 1945 (i.e., a total of 4 months and 13 days).  In view of the foregoing, the evidence of record fails to show that the applicant served on permanent assignment (emphasis added) within the continental United States for an aggregate period of 1 year.  Therefore, the applicant is not authorized award of the American Campaign Medal.

4.  Item 30 (Wounds Received In Action) of the applicant’s WD AGO Form 53-98 shows he was wounded in action on 22 December 1943 in the ETO.  However, Item 29 (Decorations and Citations) of the WD AGO Form 53-98 is absent an entry for award of the Purple Heart.  In view of the foregoing, the applicant’s records should be corrected to show award of the Purple Heart.



5.  Records show that the Chief, Records Reconstruction Branch, National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, verified the applicant’s POW status during World War II and authorized award of the POW Medal.  Therefore, the applicant’s records should be corrected to show his POW status and award of the POW Medal.

6.  Records show the applicant was awarded the European-African-Middle Eastern Campaign Medal and that he participated in the European Theater Air Offensive Over Europe.  Therefore, his records should be corrected to show award of the European-African-Middle Eastern Campaign Medal with 1 bronze service star.

7.  The evidence of record shows that the applicant's service qualifies him for award of the World War II Victory Medal.  Therefore, his records should be corrected to show award of this service medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  __X____  ___X____  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:

	a.  awarding the applicant the Purple Heart for wounds received in action on 22 December 1943 in the European Theater of Operations;

	b.  deleting from Item 29 of his WD AGO Form 53-98 the European-African-Middle Eastern Theater Campaign Medal;

	c.  adding to Item 29 of his WD AGO Form 53-98 the Purple Heart, Prisoner of War Medal, European-African-Middle Eastern Campaign Medal with 1 bronze service star, and the World War II Victory Medal; and

	d.  adding to Item 43 (Remarks) of his WD AGO Form 53-98 the following: “703rd Bomb Squadron, 445th Bomb Group (ETO) - Germany:  POW from
22 December 1943 to 13 May 1945.”

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 the American Defense Service Medal and American Campaign Medal.




      ___________X____________
      		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)                                         AR20070018158



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ABCMR Record of Proceedings (cont)                                         AR20070018158



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