IN THE CASE OF:
BOARD DATE: 12 NOVEMBER 2008
DOCKET NUMBER: AR20080012790
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 his records be corrected to reflect all of his authorized awards.
2. The applicant states, in effect, that his records do not reflect all of the awards to which he is authorized.
3. The applicant provides a Bronze Star and Purple Heart Certificate, a copy of his Report of Separation - Honorable Discharge (WD AGO Form 53-55), a copy of his Separation Qualification Record (WD AGO Form 100), a copy of orders awarding him the Purple Heart and documents awarding him the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).
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 applicants 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 applicants 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 was born on 5 February 1926 and was inducted at Camp Dodge, Iowa on 2 June 1944. He completed his training as a rifleman and departed for the European Theater of Operations (ETO) on 12 December 1944 and arrived in the ETO on 19 December 1944. He was assigned to the 310th Infantry Regiment, 78th Infantry Division.
4. The applicant was wounded on 9 February 1945 in Schmidt, Germany and was awarded the Purple Heart in General Orders Number 14, issued by the 128th General Hospital on 23 February 1945.
5. He was also awarded the CIB in General Orders Number 1, issued by Headquarters, 310th Infantry Regiment on 13 February 1945. The effective date for award of the CIB was 9 February 1945.
6. He departed the ETO on 22 April 1945 and was transferred to the Hospital at Camp Carson, Colorado, where he remained until he was honorably discharged on 28 July 1945, with a Certificate of Disability for Discharge.
7. His Separation Qualification record issued on 28 July 1945 indicates that he was awarded the Purple Heart, the CIB, the European-African-Middle Eastern (EAME) Campaign Ribbon with two bronze service stars and the Good Conduct Medal. However, his WD AGO Form 53-55 indicates that he was awarded only the EAME Campaign Ribbon with two bronze service stars and the Purple Heart.
8. On 3 December 1948, the War Department awarded the applicant the Bronze Star Medal based on his award of the CIB.
9. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the CIB, the BSM and the Good Conduct Medal for his service during WWII. However, for reasons not explained in the available records, those awards were not entered on his WD AGO Form 53-55. Accordingly, it would be in the interest of justice to do so at this time.
2. Additionally, the applicant was also entitled to be awarded the WWII Victory Medal and it would be appropriate to do so at this time.
BOARD VOTE:
___X_____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the WWII Victory Medal and by adding it to his records along with awards of the CIB, the BSM and the Good Conduct Medal.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ XXX______ ___
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) AR20080012790
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ABCMR Record of Proceedings (cont) AR20080012790
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