IN THE CASE OF:
BOARD DATE: 21 July 2011
DOCKET NUMBER: AR20110000818
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 award of the World War II Victory Medal and Paratrooper Jump Wings. He also requests issuance of these awards.
2. The applicant states he was a member of the 515th Parachute Infantry as a paratrooper and his Paratrooper Jump Wings were never recorded on his WD AGO Form 53-55. He adds that he served during World War II and his World War II Victory Medal was not recorded or received.
3. The applicant provides his WD AGO Form 53-55.
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 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. His available military records show he was inducted into the Army of the United States on 13 June 1944. He was awarded the military occupational specialty of 7745 (rifleman). The highest rank he held during his tenure of service was private.
4. His WD AGO Form 53-55 shows his last organization of assignment was the 515 Parachute Infantry. This document shows he arrived in the European Theater of Operations (ETO) on 6 February 1945 and was credited with participation in the Central Europe and Rhineland campaigns. He departed the ETO for return to the United States on 15 August 1945.
5. He was honorably discharged on 16 May 1946 after completing 1 year, 11 months, and 4 days of active service.
6. Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 contains the entry "Combat Infantryman GO 8 Hq 507 Prcht Inf 28 Apr 45."
7. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the American Theater Service Medal, European-African-Middle Eastern Service Medal with Bronze Arrowhead, Distinguished Unit Citation, and Army Good Conduct Medal.
8. His records do not show he was ever awarded or recommended for award of the Paratrooper Jump Wings.
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. Army Regulation 600-8-22 provides that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. There is no evidence he was awarded or authorized the Paratrooper Jump Wings. As such, there is an insufficient basis for adding this award to his WD AGO Form 53-55.
3. The entry in item 31 of his WD AGO Form 53-55, while appropriate, should read the Combat Infantryman Badge.
4. Based on his award of the Combat Infantryman Badge he is authorized the Bronze Star Medal. As such, it would be appropriate to award him the Bronze Star Medal and add this medal 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:
________ ________ ________ 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:
a. awarding him the Bronze Star Medal; and
b. adding the World War II Victory Medal and Bronze Star Medal to his WD AGO Form 53-55.
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 adding the Paratrooper Jump Wings to his 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) AR20110000818
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110000818
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