RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 April 2008
DOCKET NUMBER: AR20080000615
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. Eric N. Anderson
Chairperson
Mr. Peter B. Fisher
Member
Mr. Jeffrey C. Redmann
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 the records of his deceased father, a former service member (FSM), to show award of the Purple Heart.
2. The applicant states that his father received wounds in action on 20 March 1945 during his service in World War II (WWII).
3. The applicant provides a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), dated 24 September 1945, and a copy of the FSM's Certificate of Death, dated 25 April 2001, 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 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 requests his deceased father, a FSM, be awarded the Purple Heart. After a careful review of the FSM's records, it was noted that on
8 February 2008, The Adjutant General, Army Human Resources Command, St. Louis, Missouri, issued a DD Form 215 (Correction to the DD Form 214) adjusting Item 33 (Decorations and Citations) to show award of the Purple Heart as requested. The applicant has been notified by separate correspondence and was provided a copy of the DD Form 215. As a result, the request for award of the Purple Heart will not be discussed further in this Record of Proceedings.
3. The FSM's military 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 FSM'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.
4. The FSM's WD AGO Form 53-55 shows he was inducted in the Army of the United States and entered active duty on 7 October 1941 in military occupational specialty (MOS) 745 (Rifleman). He was assigned to Company L, 160th Infantry.
5. The FSM's WD AGO Form 53-55 further shows he served in the Asiatic-Pacific Theater of Operations during WWII from 17 August 1942 to 24 August 1945. He completed 6 months and 9 days of continental service and 3 years, 5 month, and 9 days of foreign service. He was honorably separated on 24 September 1945.
6. Item 31 (Military Qualifications and Date) of the FSM's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar.
7. Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the Asiatic-Pacific Theater Ribbon with three bronze service stars, the American Defense Service Medal, the Philippine Liberation Ribbon with one bronze service star, and the Good Conduct Medal.
8. The FSM's records show that he is entitled to additional awards that are not listed on his WD AGO Form 53-55.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal. The World War II Victory Medal was established by the act of Congress on 6 July 1945. It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
10. Army Regulation 600-8-22 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.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant was awarded the Combat Infantryman Badge. Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show the Bronze Star Medal.
2. Evidence of record shows that the applicant served a qualifying period for award of the World War II Victory Medal. Therefore, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.
BOARD VOTE:
__ena___ __pbf___ __jcr___ 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 to show award of the Bronze Star Medal and the World War II Victory Medal.
Eric N. Anderson
______________________
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