IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100020470 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show all his awards and decorations.

2.  The applicant states, in effect, the list of his individual awards verified by the National Personnel Records Center are not entirely shown on his discharge document.

3.  The applicant provides:

* WD AGO Form 53-55
* letter from the National Personnel Records Center

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 the applicant'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 applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active military service at Fort Snelling, MN, on 15 July 1944.  This form also shows that at the time of his separation he held military occupational specialty 055 (Clerk - General) and was assigned to Company E, 513th Parachute Infantry Regiment.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 7 March 1945 and arrived in the European theater of operations (ETO) on 29 March 1945.  He departed the ETO on 29 December 1945 and arrived in CONUS on 8 January 1946.

5.  His WD AGO Form 53-55 shows he completed 8 months and 2 days of continental service and 10 months and 2 days of foreign service.  He was honorably separated on 18 January 1946.

6.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he was awarded the Parachutist Badge and the Combat Infantryman Badge.

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Central Europe campaign during his service in World War II.

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the American Theater Service Ribbon, the European-African-Middle Eastern Theater Service Ribbon, the Army Good Conduct Medal, one overseas service bar, and the Army Lapel Button.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, were cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

	b.  A bronze service star is authorized 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.  Authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal [formerly known as the European-African-Middle Eastern Theater Service Ribbon].

	c.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served a qualifying period for award of the World War II Victory Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

2.  The evidence of record shows the applicant was awarded the Combat Infantryman Badge.  Based on award of this badge, he is entitled to award of the Bronze Star Medal and correction of his records to show this award.

3.  His records show he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he participated in one campaign during his service in World War II.  Therefore, he is entitled to one bronze service star to be affixed to his European-African-Middle Eastern Campaign 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 awarding him the Bronze Star Medal and adding to his WD AGO Form 53-55 the:

* Bronze Star Medal
* World War II Victory Medal
* one bronze service star to be affixed to his already-awarded European-African-Middle Eastern Campaign 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)                                         AR20100020470



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ABCMR Record of Proceedings (cont)                                         AR20100020470



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