IN THE CASE OF:	 

		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20110002436 


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 daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Report and Report of Separation – Honorable Discharge) to show award of the:

* Bronze Star Medal
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* Army Good Conduct Medal
* American Campaign Medal
* World War II (WWII) Victory Medal

2.  The applicant states that several of the awards and decorations her late father earned were not reflected on his WD AGO Form 53-55.  The applicant states this may be due to the fact that several awards were not authorized until after the FSM's separation from active service.

3.  The applicant provides:

* FSM's WD AGO Form 53-55
* FSM's WD AGO Form 100 (Army Separation Qualification Record)
* FSM's Honorable Discharge Certificate
* letter from the National Personnel Records Center (NPRC), dated 19 October 2009
* letter from NPRC, dated 16 November 2009
* 
a letter from NPRC, dated 23 March 2011
* numerous service and medical documents related to the FSM's service in WWII

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 requests the European-African-Middle Eastern Campaign Medal with two bronze service stars be added to the FSM's WD AGO 
Form 53-55.  This medal is already listed on his WD AGO Form 53-55; therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.

3.  The FSM's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that his 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.

4.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 16 December 1943 and entered active service on 6 January 1944.  He held military occupational specialty 745 (Rifleman).  On 23 August 1945, he was honorably discharged.  The highest rank/grade he held while serving on active duty was private first class/E-3.

	a.  Item 31 (Military Qualification and Date) shows he qualified as Expert with the M-1 rifle on 11 February 1944.

	b.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Northern France campaigns.

	c.  Item 33 (Decorations and Citations) shows he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service stars, Purple Heart, and Combat Infantryman Badge.

	d.  Item 36 (Service Outside Continental United States and Return) shows he departed the United States on 8 August 1944 en route to the European theater of operations (ETO) and he arrived in the ETO on 20 August 1944.  He departed the ETO on 17 March 1945 en route to the United States and he arrived in the United States on 4 April 1945.

	e.  Item 37 (Total Length of Service) shows he completed 1 year and 12 days of continental service.

5.  Army Regulation 600-8-22 (Military Awards) states 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 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 for the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during WWII.

6.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 or completed 1 year of continuous active Federal military service while the United States was at war after 7 December 1941.  The award would not be made to an enlisted man whose records during the required period of service disclosed a conviction by any court-martial or to one whose character or efficiency was rated below "excellent."  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the discharge certificate.

7.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American theater of operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.

8.  Army Regulation 600-8-22 states the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The FSM served in WWII in the ETO and was awarded the Combat Infantryman Badge; therefore, he is entitled to award of the Bronze Star Medal and to correction of his WD AGO Form 53-55 to show this award.

2.  With respect to the applicant's request for correction of the FSM's WD AGO 
Form 53-55 to show award of the Army Good Conduct Medal, the FSM's available record is void of any evidence related to his conduct and efficiency ratings during his period of active service.  However, given that he was discharged honorably, wounded in combat and awarded the Purple Heart, and awarded the Combat Infantryman Badge, and given that the available record is void of any derogatory information pertaining to the FSM's conduct or service, it would be appropriate to award him the Army Good Conduct Medal (1st Award), for the period 6 January 1944 through 23 August 1945 and to correct his WD AGO Form 53-55 to show this award.

3.  The FSM served a qualifying period of service for award of the American Campaign Medal and the WWII Victory Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to show these awards.

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:

	a.  awarding the FSM the Army Good Conduct Medal (1st Award) for the period 6 January 1944 through 23 August 1945 and

	b.  amending item 33 of the FSM's WD AGO Form 53-55 to add the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* American Campaign Medal
* WWII Victory 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)                                         AR20090013090



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ABCMR Record of Proceedings (cont)                                         AR20110002436



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