IN THE CASE OF:	 

		BOARD DATE:	        26 March 2009

		DOCKET NUMBER:  AR20080011085 


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 items 22 (Date of Induction) and 24 (Date of Entry into Active Service) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected.

2.  The applicant states that he was inducted on 1 October 1942 and he entered active duty on 15 October 1942.  He also requests the issuance of bronze service stars for campaign participation shown in item 32 (Battles and Campaigns) on his WD AGO Form 53-55.

3.  The applicant provides a copy of his WD AGO Form 53-55 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 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 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.  Item 22 on the applicant’s WD AGO Form 53-55 shows he was inducted in the Army of the United States on 1 October 1945.  Item 24 on his WD AGO Form 53-55 shows he entered active duty on 15 October 1945.  His WD AGO Form 
53-55 shows he served in the Mediterranean Theater of Operations from 
2 September 1943 through 2 October 1944 and he served in the European Theater of Operations from 5 October 1944 through 4 October 1945.  On 
18 October 1945, he was honorably discharged.  

4.  Item 6 (Organization) on the applicant’s WD AGO Form 53-55 shows he was assigned to Company A, 11th Tank Battalion.  Item 32 on his WD AGO Form 53-55 shows he participated in five battles and campaigns.  His WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal and the Good Conduct Medal as authorized awards.  Item 37 (Total Length of Service) on his WD AGO Form 53-55 shows he served 9 months and 22 days of continental service and he served 2 years, 2 months, and 12 days of foreign service.  Item 55 (Remarks) on his WD AGO Form 53-55 shows, in pertinent part, the entry, “Inactive ERC [Enlisted Reserve Corps] From 1 Oct [October] 42 to 14 Oct 42.”  

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the applicant's unit received occupation credit for Germany for the period 
2 May 1945 to 19 September 1945.

6.  Army Regulation 600-8-22 (Military Awards) 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 also provides that a silver service star is authorized in lieu of five bronze service stars.

7.  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.


8.  Army Regulation 600-8-22 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, escort, 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant’s contention that he was inducted on 1 October 1942 and he entered active duty on 15 October 1942.  Item 55 on his WD AGO Form 53-55 shows he served in the ERC from 
1 October 1942 to 14 October 1942.  His WD AGO Form 53-55 shows that he served in the Mediterranean Theater of Operations from 2 September 1943 through 2 October 1944 and he served in the European Theater of Operations from 5 October 1944 through 4 October 1945.  His WD AGO Form 53-55 also shows that he served over 3 years of creditable active service.  Based on the foregoing, items 22 and 24 on his WD AGO Form should be corrected to show he was inducted on 1 October 1942 and he entered active duty on 15 October 1942.

2.  The applicant participated in five battles and campaigns during World War II which makes him eligible for award of the European-African-Middle Eastern Campaign Medal with one silver service star.

3.  The applicant served a period of qualifying service for award of the World War II Victory Medal.  

4.  The applicant's unit received occupation credit for Germany which entitles him to award of the Army of Occupation Medal with Germany Clasp.    

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:

	a.  deleting the entries in items 22 and 24 on his WD AGO Form 53-55; 

	b.  adding the entry, “1 Oct 42” in item 22 on his WD AGO Form 53-55; 

	c.  adding the entry, “15 Oct 42” in item 24 on his WD AGO Form 53-55; and.

	d.  amending his WD AGO Form 53-55 to show the European-African-Middle Eastern Campaign Medal with one silver service star, the World War II Victory Medal, and the Army of Occupation Medal with Germany Clasp.




      _______ _   _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)                                         AR20080011085





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011085



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1