BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100000511 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show all awards he is entitled to receive.

2.  The applicant states he discovered all of the records he received from the Army upon discharge in 1945 buried among papers.  He is interested to know the awards to which he is entitled.

3.  The applicant provides his WD AGO Form 53-55 and WD AGO Form 100 (Separation Qualification Record).

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 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 applicant's records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available military records show he enlisted in the Army of the United States on 22 January 1942.  He completed initial entry training and was awarded the military occupational specialty of 309 (switchboard operator central office).  The highest rank he held during his tenure of service was technician fifth grade.

4.  The applicant's WD AGO Form 53-55 shows his last organization of assignment was the 72d Signal Company (Special).  This document shows he arrived in the European-African-Middle Eastern theater of operations on 18 March 1943 and was credited with participation in the Central Europe, Naples-Foggia, Rhineland, Rome-Arno, Sicily, and Southern France campaigns.  He arrived in the United States on 27 July 1945.

5.  He was honorably discharged on 8 September 1945 due to demobilization after completing 3 years, 7 months, and 17 days of active service.

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal and that General Orders Number 32, dated 9 October 1944, awarded him the European-African-Middle Eastern Campaign Medal with Bronze Service Arrowhead.

7.  Item 34 (Wounds Received in Action) contains the entry, "none."

8.  His WD AGO Form 53-55 does not show award of the World War II Victory Medal or Army of Occupation Medal.

9.  Army Regulation 600-8-22 (Military Awards) states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal.  This pamphlet shows the 72nd Signal Company (Special) received Germany occupation credit for the period 2 May 1945 through 5 July 1945.

11.  Army Regulation 600-8-22 provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award.  Named campaigns are listed in appendix B.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, which in this case is the European-African-Middle Eastern Campaign Medal.  A silver service star is authorized in lieu of five bronze service stars.

12.  Department of the Army Pamphlet 672-1 shows the 72nd Signal Company (Special) was awarded the Meritorious Unit Commendation for the period 15 August to 15 October 1944 based on General Orders Number 40, dated 7 February 1945.

DISCUSSION AND CONCLUSIONS:

1.  All six campaigns listed on the applicant's WD AGO Form 53-55 are in the European-African-Middle Eastern theater.  As such, the applicant is entitled to have one silver and one bronze service star added to his already-awarded European-African-Middle Eastern Campaign Medal shown on his WD AGO Form 53-55.

2.  Based on the applicant's dates of service, it would be appropriate to add the World War II Victory Medal to his WD AGO Form 53-55.

3.  The evidence shows he served in the European theater during the period when his unit was cited for occupation credit for Germany.  As such, the preponderance of evidence indicates it would be appropriate to add the Army of Occupation Medal with Germany Clasp to his WD AGO Form 53-55.

4.  General orders awarded the applicant's unit the Meritorious Unit Commendation during the period which the preponderance of evidence indicates he was assigned to the unit.  As such, it would be appropriate to add this unit award to his WD AGO Form 53-55.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.



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 the WD AGO Form 53-55 of the individual concerned be corrected by:

	a.  deleting the European-African-Middle Eastern Campaign Medal with bronze arrowhead and

	b.  adding the Meritorious Unit Commendation, European-African-Middle Eastern Campaign Medal with bronze arrowhead and one silver and one bronze service star, World War II Victory Medal, and Army of Occupation Medal with Germany Clasp.



      _____________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)                                         AR20100000511



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)