IN THE CASE OF:	

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090016560 


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, the daughter of a deceased former service member (FSM), requests correction of her late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the Army of Occupation Medal, the World War II Victory Medal, and the National Defense Service Medal.

2.  The applicant states that her father always said he should have other medals and from what she has read he should.  She went to the local Department of Veterans Affairs to ask and the officer there confirmed what her father said. 

3.  The applicant provides a copy of the FSM's WD AGO Form 53-55; the FSM's death certificate, obituary from the newspaper and his Last Will and Testament; a copy of her mother's death certificate, obituary from the newspaper, and a copy of her Last Will and Testament; a copy of the applicant's birth certificate; a copy of the family's Declaration of Trust with the First Amendment to Trust Agreement; and a photograph of Soldiers in support of her 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 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 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 FSM’s 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 FSM was inducted into the Army of the United States and he entered active service on 9 February 1943.  He served as an auto electrician in the European Theater of Operations from 11 March 1945 until approximately 
20 March 1946.  He was honorably discharged on 25 March 1946.

4.  Item 6 (Organization) on the FSM's WD AGO Form 53-55 shows he was assigned to the 970th Ordnance (Heavy) Automotive Maintenance Company. Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he participated in two battles and campaigns.  Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, and the American Campaign Medal as authorized awards.  The FSM's WD AGO Form 53-55 further shows entitlement to the Marksman Marksmanship Qualification Badge with Rifle Bar, the Army Lapel Button, and two awards of the Overseas Service Bar.  

5.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows among other information, unit awards and citations authorized for units which served during World War II.  This document shows the applicant's unit did not receive occupation credit during World War II.

6.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. 

7.  Army Regulation 600-8-22 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.

8.  Army Regulation 600-8-22 further provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

9.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  

DISCUSSION AND CONCLUSIONS:

1.  Since the FSM’s unit did not receive occupation credit during World War II, there is insufficient evidence on which to base award of the Army of Occupation Medal.    

2.  The FSM served a period of qualifying service for award of the World War II Victory Medal.  

3.  The FSM did not serve a period of qualifying service for award of the National Defense Service Medal.  Therefore, there is no basis for granting the applicant's request for the National Defense Service Medal.

4.  The FSM participated in two battles and campaigns during World War II which makes him eligible for two bronze service stars to be worn with his already awarded European-African-Middle-Eastern Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his WD AGO Form 53-55 the World War II Victory Medal and two bronze service stars to be worn with his already-awarded European-African-Middle-Eastern Campaign Medal.  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army of Occupation Medal and the National Defense Service 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)                                         AR20090016560



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ABCMR Record of Proceedings (cont)                                         AR20090016560



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