IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100022263
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 the Sharpshooter Marksmanship Qualification Badge with Carbine Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and Presidential Unit Citation (PUC) be added to his records and that he be issued new medals and ribbons for these awards.
2. The applicant states his records were destroyed in the 1973 fire in St. Louis; however, he desires to have his awards of the Sharpshooter Marksmanship Qualification Badge with Carbine bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and PUC added to his records and replacement medals and ribbons issued to him.
3. The applicant provides two letters explaining his application with a picture of a Sharpshooter Marksmanship Qualification Badge with Carbine Bar imposed on the letter.
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 for review. A fire destroyed approximately 18 million service members' records at the NPRC 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 to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 21 January 1943. He entered active duty at Camp Upton, New York, on 28 January 1943.
4. He completed cooks and bakers training at Fort Campbell, Kentucky, and departed for the European theater of operations (ETO) on 23 December 1943. He participated in the Ardennes, Central Europe, Normandy, Northern France, and Rhineland campaigns and departed the ETO on 24 November 1945 for transfer to Fort Dix, New Jersey.
5. On 8 December 1945, he was honorably discharged in the rank of technician fifth class and his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows his unit was the 256th Ordnance Company (Medium Maintenance) and he was awarded the European-African-Middle Eastern Service Ribbon, the Army Good Conduct Medal, and the World War II Victory Medal. It does not reflect any marksmanship awards.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, failed to show the applicant's unit (256th Ordnance Company) received any unit awards such as the PUC.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and PUC is not in doubt, there simply is no evidence available to support his contention.
2. The applicant has not provided and his records do not contain any evidence to show any of the awards he is requesting. Absent such evidence, there is no basis for the Board to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during World War II. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20100022263
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ABCMR Record of Proceedings (cont) AR20100022263
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