IN THE CASE OF:	  
		BOARD DATE:	 8 January 2009 

		DOCKET NUMBER:  AR20080016632 


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, correction to the WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), Item 34 (Wounds Received in Action), of her late father, a former service member (FSM). 

2.  The applicant states, in effect, that the year listed in Item 34 appears to be a typographical error.  She also states, in effect, the year listed occurred prior to the year her father was inducted into the service.  

3.  In support of her application, the applicant provides copies of her parents' marriage certificate; her birth certificate; the FSM's WD AGO Form 53-55 and Honorable Discharge Certificate; her mother's death certificate; the FSM’s death certificate; her Letter of Administration for the FSM's estate; and a letter from the Army Human Resources Command, Alexandria, Virginia.

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 FSM’s military records are not available 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 was sufficient documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The available military records show that the FSM was inducted into the Army of the United States, in pay grade E-1, on 27 December 1943 and entered on active duty on the same day.  The FSM served overseas in the European Theater of Operations (ETO) from 29 July 1944 to his return to the United States on 27 October 1945.

4.  The FSM was honorably separated from active duty for the Convenience of the Government at Demobilization, in the rank of private first class, on 2 November 1945. 

5.  Entries on the FSM's WD AGO Form 53-55, Item 31 (Military Qualification and Date), show award of the Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Carbine Bar.  Item 33 (Decorations and Citations) lists the following awards:  the Purple Heart with one oak leaf cluster, the American Theater Service Medal, and the European-African-Middle Eastern Campaign Medal with three bronze service stars.  

6.  Item 34 of the FSM's WD AGO Form 53-55 shows the entries:  "Belgium 23 Dec 43" and "Germany 19 Sep 43" to indicate the places and dates he was wounded in action.   

7.  The applicant submitted a letter from the Army Human Resources Command, Alexandria, dated 3 October 2008.  The letter advised a Member of Congress, in effect, that the applicant should contact the National Personnel Records Center, St. Louis, Missouri, for replacement of medals and that the ABCMR had the final authority over correcting the FSM's records pertaining to his injuries.  




8.  Army Regulation 600-8-22 (Military Awards), Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers), shows the inclusive 
dates for the Rhineland (Germany) campaign from 15 September 1944 to 21 March 1945 and the Ardennes-Alsace (Belgium) campaign from 16 December 1944 to 25 January 1945. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the dates contained in Item 34 of her late father's WD AGO Form 53-55 should be corrected to dates after his induction into the service.  The evidence of record confirms the FSM was inducted into the Army on 27 December 1943 and separated on 2 November 1945.  He was issued a WD AGO Form 53-55 showing award of the Purple Heart with one oak leaf cluster for wounds sustained as a result of hostile action.  The dates of wounds received in action were listed in Item 34 as 23 December 1943 and 19 September 1943.  These dates are prior to the date of the FSM's induction.  

2.  The evidence further shows the FSM served in the ETO from July 1944 to October 1945.  Based on the campaign inclusive dates, it is logical to believe the applicant was wounded in Belgium on 23 December 1944 and in Germany on 19 September 1944, during his service in the ETO.  Due to a typographical error, the year 1943 was entered twice in Item 34 instead of the year 1944.  Therefore, it would also be appropriate to correct Item 34 to show the entries:  "Belgium 23 December 1944" and "Germany 19 September 1944."

3.  In view of the foregoing, the FSM’s records should be corrected as recommended below.

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 correcting Item 34 of the FSM's WD AGO Form 53-55 to show the entries:  
"Belgium 23 December 1944" and "Germany 19 September 1944" and by providing the applicant a corrected separation document that includes these corrections.



      __________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)                                         AR20080016632



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ABCMR Record of Proceedings (cont)                                         AR20080016632



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