BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100020407
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 son of the deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show authorization of the World War II Victory Medal.
2. The applicant states the World War II Victory Medal was omitted from the FSM's WD AGO Form 53-55.
3. The applicant provides copies of the FSM's WD AGO Form 53-55, obituary, death certificate, the FSM's spouse's obituary, and the applicant's Military Airlift Command Transportation Authorization, driver's license, and birth certificate.
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 provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The FSM's WD AGO Form 53-55 shows:
a. he was inducted into the Army of the United States on 15 February 1941;
b. he served in the European theater of operations from 8 October 1942 to 21 June 1945;
c. he participated in two campaigns;
d. his awards include the Army Good Conduct Medal, American Defense Service Medal, and European-African-Middle Eastern Service Medal; and
e. he was honorably discharged on 4 July 1945 in the rank of sergeant.
4. Army Regulation 600-8-22 (Military Awards) provides:
a. 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; and
b. for a bronze service star for wear on the European-African-Middle Eastern Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM's WD AGO Form 53-55 should be corrected to show authorization of the World War II Victory Medal.
2. The available evidence clearly shows the FSM served during a qualifying period for authorization of the World War II Victory Medal. Therefore, this award should be added to his WD AGO Form 53-55.
3. The available evidence clearly shows that the FSM participated in two campaigns. Therefore, he is authorized to wear two bronze service stars on his European-African-Middle Eastern Service Medal.
BOARD VOTE:
___x_____ __x______ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding the World War II Victory Medal and two bronze service stars for wear on his European-African-Middle Eastern Service Medal to the FSM's WD AGO Form 53-55.
__________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) AR20100020407
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100020407
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090016560
IN THE CASE OF: BOARD DATE: 18 March 2010 DOCKET NUMBER: AR20090016560 THE BOARD CONSIDERED THE FOLLOWING 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. Since the FSMs unit did not receive occupation credit during World War II, there is...
ARMY | BCMR | CY2010 | 20100024111
The FSM's military records are not available to the Board for review. The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service who were taken prisoner and held captive: (1) while engaged in an action against an enemy of the United States. The applicant requests correction of the FSM's WD AGO Form 53-55 to show award of the POW Medal, Honorable Service Lapel Button, and the World War II Victory Medal.
ARMY | BCMR | CY2008 | 20080017138
The applicant requests that the military records of her deceased husband, the Former Service Member (FSM), be corrected to add the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, and any other awards or decorations he may have been entitled to receive. All five campaigns listed on the FSM's WD AGO Form 53-55 are in the European-African-Middle Eastern Theater. As a result, the Board recommends that the WD AGO 53-55 of the FSM be corrected by adding the...
ARMY | BCMR | CY2008 | 20080016964
The applicant states the FSM was awarded the Bronze Star Medal on 17 March 1952 and it is not listed in his records. Based on the evidence, it would be appropriate to amend the FSM's records to show award of the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to add award of the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, and one silver...
ARMY | BCMR | CY2010 | 20100027567
This pamphlet shows the 513th Parachute Infantry Regiment, 17th Airborne Division: * received credit for participating in the Ardennes-Alsace, Central Europe, and Rhineland campaigns * 3rd Battalion, was cited for award of the Distinguished Unit Citation (redesignated as the Presidential Unit Citation) for the period 24 through 26 March 1945 by War Department General Orders (WD GO) Number 119, dated 1946 * received assault landing credit on 24 March 1945 by WD GO 70, dated 1945 b. ...
ARMY | BCMR | CY2013 | 20130011858
The applicant requests the records of her late father, a former service member (FSM) be corrected to show his award of the Purple Heart with Oak Leaf Cluster. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that while the FSM was assigned to the 2nd Battalion, 115th Infantry Regiment, 29th Infantry Division, it was credited with participation in three campaigns: Normandy, Northern France and the Rhineland; was awarded a Distinguished...
ARMY | BCMR | CY2008 | 20080000649
For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual...
ARMY | BCMR | CY2011 | 20110014083
The applicant, the son of a deceased former service member (FSM), requests correction of his father's records to show award of the Bronze Star Medal, American Campaign Medal, and the World War II (WWII) Army of Occupation Medal with Germany Clasp. The FSM's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. posthumously awarding the FSM the Bronze Star Medal...
ARMY | BCMR | CY2013 | 20130014054
The evidence of record shows the FSM's unit was awarded occupation credit for the occupation of Germany. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Ardennes-Alsace campaign to his WD AGO Form 53-55, and b. adding the following awards to item 33 of his WD AGO Form 53-55: * Army of Occupation Medal with Germany Clasp * World War II Victory Medal * One silver service star affixed to his previously-awarded...
ARMY | BCMR | CY2012 | 20120003490
Application for correction of military records (with supporting documents provided, if any). The applicant requests that the records of her late husband, a former service member (FSM), be corrected by awarding him the World War II Victory Medal. The WD AGO Form 53-55 provides the following: a. service from 15 April 1942 through 12 June 1945; b. participation in three campaigns; and c. award of the European-African-Middle Eastern Service Medal (now known as the European-African-Middle...