IN THE CASE OF:
BOARD DATE: 6 January 2009
DOCKET NUMBER: AR20080008986
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 that the date of his arrival in the European Theater of Operations (ETO) be corrected to 24 December 1943.
2. The applicant states the WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) incorrectly shows that it took him 26 months to transfer from the Continental United States to the ETO. The entry at block 32 (Service Outside Continental United States and return) should read 24 December 1943 not 1945.
3. The applicant provides a copy of his WD AGO Form 53-98.
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, a commissioned Reserve officer, served on active duty during World War II from 19 July 1941 through 20 March 1946.
3. His WD AGO Form 53-98, at block 32, shows a date of departure to the ETO of 27 October 1943 with arrival on 24 December 1945. The next line shows departure from the ETO to the U. S. on 19 April 1945 with arrival on 21 April 1945.
4. The applicant was credited with campaign credit for the Naples - Foggia campaign. That campaign extended from 9 September 1943 through 21 January 1944.
DISCUSSION AND CONCLUSIONS:
1. The applicant states the WD AGO Form 53-98 incorrectly shows that it took him 26 months to transfer from the Continental United States to the ETO. The entry at block 32 should read 24 December 1943, not 1945.
2. Campaign credit for the Naples - Foggia campaign indicates the applicant reached the ETO before 21 January 1944.
3. The entry of the year 1945 in the first line of block 23 is clearly in error. This typographical error should be corrected to show an arrival date of 24 December 1943, not 1945.
BOARD VOTE:
____X___ ____X__ ___X____ 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 showing, at block 32 on the WD AGO Form 53-98, that the applicant arrived in the European Theater of Operations on 24 December 1943.
_______ _ 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) AR20080008986
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008986
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110020947
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to: * change item 6 (Organization) from "Company A, 159th Infantry" to "Cannon Company, 142nd Infantry Regiment, 36th Infantry Division" * add the following awards, battles, or campaigns: * one arrowhead device * Salerno * Anzio * Bulge (i.e., Ardennes-Alsace) 2. The primary record available to this Board is the applicant's WD AGO Form 53-55. As a result, the Board...
ARMY | BCMR | CY2008 | 20080009967
The applicant requests reconsideration of his earlier request for correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show a bronze arrowhead and a fifth bronze service star on his European-African-Middle Eastern Campaign Medal. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number...
ARMY | BCMR | CY2011 | 20110017129
The applicant's military service records are not available to the Board for review. A DA Form 1577 (Authorization for Issuance of Awards) to the Commander, U.S. Army Support Activity, Philadelphia, PA, dated 23 November 1999, shows the Chief, Army Reference Branch, National Personnel Records Center (NPRC), authorized the issuance of the following decorations to the applicant: * POW Medal * Army Good Conduct Medal * American Campaign Medal * European-African-Middle Eastern Campaign Medal...
ARMY | BCMR | CY2005 | 20050006751C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 December 2005 DOCKET NUMBER: AR20050006751 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. The applicant, as the son of the deceased former service member (FSM), requests correction of his father's records to show award of the Combat Infantryman Badge, the Purple Heart, a bronze arrowhead, and an...
ARMY | BCMR | CY2011 | 20110012517
She also requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show the Combat Infantryman Badge. The FSM's complete military records are not available to the Board for review. His WD AGO Form 24 does not show any combat wounds or awards of the Purple Heart or the Combat Infantryman Badge.
ARMY | BCMR | CY2014 | 20140019441
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to add: * two missing campaigns (Sicily and Anzio) * two additional bronze service stars to his previously awarded European-African-Middle Eastern Campaign Medal with "5" bronze service stars * two additional awards of the Purple Heart * Army of Occupation Medal (Germany) * American Campaign Medal 2. ...
ARMY | BCMR | CY2009 | 20090006007
The applicant requests award of a bronze service star to be affixed to his previously-awarded American Campaign Medal. The applicant provides a new argument that he is entitled to award of a bronze service star to be affixed to the American Campaign Medal he was awarded as a result of his previous ABCMR case. The applicant's contention that his record should be corrected to show award of a bronze service star for ground combat to be affixed to his previously awarded American Campaign Medal...
ARMY | BCMR | CY2012 | 20120021948
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show award of the Combat Infantryman Badge (CIB). The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 26 June 1941. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 31 of his WD AGO Form 53-55 the current entry and replacing it with...
ARMY | BCMR | CY2008 | 20080016171
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show award of the Silver Star. The extract of a journal provided by the applicant that lists his name as a recipient of the Silver Star was noted; however, it is insufficient by itself to show the applicant was awarded the Silver Star. Furthermore, there is no evidence in the available record and the applicant did not submit any substantiating evidence that shows the...
ARMY | BCMR | CY2011 | 20110013694
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show all the medals, citations, and unit awards he earned, specifically the Bronze Star Medal (BSM) with "V" Device. The applicant's complete military records are not available to the Board for review. A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows Headquarters Battery 173rd Field Artillery...