IN THE CASE OF:
BOARD DATE: 04 May 2010
DOCKET NUMBER: AR20090017858
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 widow of a deceased former service member (FSM), requests correction of her late husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the Bronze Star Medal, Combat Infantryman Badge, Good Conduct Medal, and the Honorable Service Lapel Button.
2. The applicant states her husband was entitled to these awards but they are not shown on his discharge.
3. The applicant provides:
* FSM's death certificate
* WD AGO Form 53-55
* award certificate for the Bronze Star Medal
* an excerpt on the Army Good Conduct Medal
* list of medals she received from U.S. Army "TACOM"
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 FSMs 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 FSMs 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 on 18 July 1944. He served in the European Theater of Operations from 18 January 1945 through 15 May 1946 and was honorably discharged on 5 July 1946.
4. Item 31 (Military Qualification and Date (i.e.., infantry, aviation and marksmanship badges, etc)) on the FSMs WD AGO Form 53-55 shows the Combat Infantryman Badge. Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows he participated in two battles. Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal and World War II Victory Medal as authorized awards. Item 55 (Remarks) on his WD AGO Form 53-55 shows the Honorable Lapel Button was issued. Since the FSM's WD AGO Form 53-55 shows the Combat Infantryman Badge (in item 31) and the Honorable Lapel Button (in item 55), this portion of the applicant's request will not be discussed further in these proceedings.
5. Headquarters, U.S. Army Military Personnel Center Permanent Orders 192-4, dated 18 October 1982, show the FSM received the Bronze Star Medal for meritorious achievement during the period 18 January 1945 to 2 September 1945.
6. There are no orders for the Good Conduct Medal in the available records.
7. Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year or continuous active Federal military service while the United States was at war. The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below excellent. The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the [Report of Separation and] discharge certificate.
8. Army Regulation 600-8-22 (Military Awards) 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. Orders show the FSM received the Bronze Star Medal. Therefore, his WD AGO Form 53-55 should be corrected to show this medal.
2. Since the FSMs service personnel records are not available, there is insufficient evidence on which to base award of the Good Conduct Medal in this case.
3. 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 Bronze Star 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 Good Conduct 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) AR20090017858
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ABCMR Record of Proceedings (cont) AR20090017858
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