BOARD DATE: 14 October 2009
DOCKET NUMBER: AR20090007460
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 of his military awards to show all of his authorized awards.
2. The applicant states, in effect, that he wants all of his awards recorded on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
3. The applicant provides, in support of his application, a letter from the Department of Veterans Affairs, dated 21 December 2008.
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 53-55 shows:
a. that on 22 September 1942, the applicant enlisted in the Army of the United States and entered active duty that same day;
b. that he was assigned for duty with the 647th Truck Company;
c. that he participated in the Ardennes-Alsace, Central Europe, Normandy, Northern France and Rhineland campaigns;
d. that his awards included the World War II Victory Medal, European-African-Middle Eastern Service Medal (currently known as the European-African-Middle Eastern Campaign Medal), Good Conduct Medal and the American Service (sic) Medal (currently known as the American Campaign Medal;
e. that he served in the European theater of operations (ETO) from 3 April 1944 to 3 December 1945; and
f. that he was separated on 23 December 1945.
3. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II. This publication shows that the 647th Truck Company, during the time of the applicant's assignment, was authorized award of the Army of Occupation Medal with Germany Clasp.
4. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.
5. Army Regulation 600-8-22 provides for the wear of a bronze service star on the appropriate service or campaign medal, to include the European-African-Middle Eastern Campaign Medal, for each campaign participation credit. One silver service star is worn in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53-55 should be corrected to show all of his authorized awards.
2. The available evidence shows that the applicant participated in five campaigns. Therefore, he is authorized to wear one silver service star on his European-African-Middle Eastern Campaign Medal.
3. Records show that the applicant served a qualifying period for award of the Army of Occupation Medal with Germany Clasp. Therefore, his WD AGO Form 53-55 should be corrected to show this award.
4. The applicants WD AGO Form 53-55 shows he was awarded the American Service Medal. His WD AGO Form 53-55 should be corrected to show the American Campaign Medal instead.
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 from his WD AGO Form 53-55: "American Service Medal" and "EAME Service Medal;" and
b. showing, in addition to the awards already shown on his WD AGO Form 53-55, that his awards include the American Campaign Medal, Army of
Occupation Medal with Germany Clasp and the European-African-Middle Eastern Campaign Medal with one silver service star.
_______ _ _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) AR20090007460
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