IN THE CASE OF:
BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090014631
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 that he be awarded all awards to which he is entitled.
2. The applicant states that he believes that he is entitled to additional awards.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).
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 applicant'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 applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 12 February 1943 and entered active duty on 19 February 1943. He completed his training at Camp Butner, North Carolina, and departed for the European theater of operations (ETO) on 7 January 1944. He served as a truck driver in an engineer company and participated in the Normandy, Northern France, Rhineland, Ardennes, and Central Europe Campaigns. He was promoted to the rank of technician fifth class.
4. He departed the ETO on 23 August 1945 and was honorably discharged on 3 November 1945. His WD AGO Form 53-55 reflects that he was awarded the Army Good Conduct Medal, the European-African-Middle Eastern (EAME) Theater Service Medal, and the American Theater Service Medal.
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.
6. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. Army Regulation 600-8-22 provides that a silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to additional awards has been noted and appears to have merit.
2. Based on the limited evidence contained in his reconstructed records, the applicant is entitled to be awarded the World War II Victory Medal and one silver service star for wear on his already-awarded EAME Theater Service Medal and to have his records correctly accordingly.
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 World War II Victory Medal and one silver service star for wear on his already-awarded EAME Theater Service Medal and adding them to his records.
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.
____________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) AR20090014631
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