IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080012130
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, that the record of her late father, a former service member (FSM), be corrected to show his eligibility for the World War II (WWII) Victory Medal and American Campaign Medal (ACM).
2. The applicant states, in effect, that the FSM met the criteria for the awards in question based on his World War II service.
3. The applicant provides a self-authored statement, a birth certificate, the FSMs death certificate, and separation document (WD AGO Form 53-55) in support of the 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 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 (NPRC) in 1973. It is believed his records, with the exception of his medical record, were lost or destroyed in that fire. This case is being considered using the FSM's WD AGO Form 53-55, which is only partially legible.
3. The FSM's separation document shows he was inducted into the Army of the United States and entered active duty on 22 February 1944. He held and served in military occupational specialty "345" (Light Truck Driver) and continuously served on active duty for 1 year and 12 days until he was honorably separated on 3 March 1945. Item 33 (Decorations and Awards) contains the entry None" and there are no legible entries that indicate the FSM served outside of the continental United States during his active duty tenure.
4. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 5-11 contains guidance on the World War II Victory Medal and states, in pertinent part, that it is authorized for service on active duty between
7 December 1941 and 31 December 1946. Paragraph 5-15 contains guidance on the ACM and states, in pertinent part, that it is authorized for an aggregate period of 1 year of service in the American Theater between 7 December 1941 and 2 March 1946.
DISCUSSION AND CONCLUSIONS:
The applicants contention that the FSM is entitled to awards not currently shown on his separation document were carefully considered and found to have merit. Based on the FSMs 1 year and 12 days of service in the continental United States during WWII, he is entitled to the World War II Victory Medal and ACM, and it would be appropriate to add these awards to his record and separation document at this time.
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 amending his WD AGO Form 53-55 by deleting the current entry in Item 33 and by adding the entry "World War II Victory Medal and Army Campaign Medal"; and by issuing the applicant a correction to the FSM's separation document that reflects these changes.
_______ _ 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) AR20080012130
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