IN THE CASE OF:
BOARD DATE: 5 May 2009
DOCKET NUMBER: AR20090000006
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 correction of his military records to show award of the Silver Star.
2. The applicant states that the Silver Star was omitted from his military records.
3. The applicant provides a citation and orders for the Silver Star and a WD AGO Form 280 (Certificate of Service) 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 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's WD AGO Form 280 shows he entered active duty in the Army of the United States on 9 October 1942. He served as an Airborne Infantry Unit Commander in the European theater of operations from 29 April 1943 to 10 October 1944 and was released from active duty on 5 May 1945.
3. The available records do not contain a WD AGO Form 53-98 (Military Record and Report of Separation). However, his WD AGO Form 280 shows the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Purple Heart with First Oak Leaf Cluster, the American Defense Service Medal, two awards of the Overseas Bar, the Combat Infantryman Badge, the Glider Troop Badge, and the Distinguished Unit Badge as authorized awards.
4. Headquarters, 82nd Airborne Division, General Order Number 10, dated 24 January 1945, shows the applicant was awarded the Silver Star for gallantry in action on 5 July 1944.
5. 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. General Order Number 10 shows the applicant was awarded the Silver Star. Therefore, his military records should be corrected to show this medal.
2. The applicant served a period of qualifying service for award of the World War II Victory Medal. Therefore, his military records should be corrected to show this medal.
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 issuing to him an appropriate document to show award of the Silver Star and the World War II Victory Medal.
___________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) AR20090000006
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ABCMR Record of Proceedings (cont) AR20090000006
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