IN THE CASE OF:	 

		BOARD DATE:	20 October 2011

		DOCKET NUMBER:  AR20110009676


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 in:

* item 10 (Date of Birth), the entry "7 Sep 25" instead of "10 Sep 25"
* item 33 (Decorations and Citations), award of the Bronze Star Medal, William of Orange Medal [Netherlands Orange Lanyard], and the Belgian Fourragere
* item 42 (Education (Years)), that he completed 4 years of high school (instead of 1 3/4 years) and 2 years of college (instead of 0 years)

2.  The applicant states the Bronze Star Medal, William of Orange Medal, and the Belgian Fourragere were issued after his discharge.  He further states he attended college, as shown in item 21 (Civilian Occupation and No.) of his
WD AGO Form 53-55, but that college participation is not reflected in item 42.

3.  The applicant provides no additional evidence.

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 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.

3.  His WD AGO Form 53-55 shows he enlisted in the Enlisted Reserve Corps on 23 August 1943 and he entered active service on 21 February 1944.  He held military occupational specialty 629 (Student (Intelligence)).  On 27 April 1946, he was honorably discharged at the convenience of the Government.  The highest rank/grade he held while serving on active duty was private first class (PFC)/E-3.
Item 10 shows his DOB as 10 September 1925.  The WD AGO Form 53-55 he was issued at the time of his separations shows in:

   a. Item 21 shows he was a college student at the time of his enlistment; however, the number of years of college he completed cannot be determined.

   b. Item 31 (Military Qualification and Date) shows he was awarded the Combat Infantryman Badge.

   c. Item 33 does not indicate he was previously awarded the Bronze Star Medal or the Belgian Fourragere.

   d. Item 42 shows he completed 8 years of grammar school, 1 3/4 years of high school, and 0 years of college.

4.  The applicant's available record is void of any clarifying document and he did not provide any evidence that would establish his correct DOB or his amount of completed civilian education.

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 600-8-22 states the Belgian Fourragere may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Fourragere is not automatic but must be by specific decree of the Belgian Government.

7.  Army Regulation 600-8-22 states the Netherlands Orange Lanyard may be awarded by the Netherlands Government when a unit has been cited and awarded the Netherlands Military Order of William.  It may also be awarded independently.  The award of the Orange Lanyard is not automatic but must be by specific decree of the Netherlands Government.

8.  War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, and Army Regulation 635-5 (Separation Documents), currently in effect, prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  These regulations establish standardized policy for the preparation of the separation document.  In pertinent part, they state the separation document is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in WWII and he was awarded the Combat Infantryman Badge.  Therefore, he is entitled to award of the BSM based on award of the Combat Infantryman Badge and to correction of his WD AGO Form 53-55 to show this award.

2.  With respect to his request for correction of his WD AGO Form 53-55 to show award of the Belgian Fourragere, his available record is void of any evidence and he did not provide any evidence that shows his unit was awarded the Belgian Fourragere.  Absent such evidence, there is an insufficient basis to grant this portion of his requested relief.

3.  With respect to his request for correction of his WD AGO Form 53-55 to show award of the Netherlands Orange Lanyard, the evidence of record shows he was previously awarded this award, represented on his WD AGO Form 53-55 as the "Forrigerre of William Medal."  Since it appears this award is improperly annotated, it would be appropriate to correct his WD AGO Form 53-55 to correctly show this award. 

4.  With respect to his request for correction of his WD AGO Form 53-55 to show his appropriate level of civilian education, items 21 and 42 of his WD AGO Form 53-55 contradict each other.  The evidence of record shows he was a college student at the time of his enlistment; however, the number of years of college he completed cannot be determined.  Therefore, it would be appropriate to correct his record to show he had completed high school prior to his enlistment.   

5.  With respect to his request for correction of his WD AGO Form 53-55 to show a different DOB, his available record is void of any evidence and he did not provide any evidence that establishes his correct DOB.  Absent such evidence, his proper DOB cannot be determined.  Therefore, there is an insufficient basis for granting this portion of his request.

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:

* awarding him the Bronze Star Medal, based upon award of the Combat Infantryman Badge
* amending item 33 of his WD AGO Form 53-55 to delete the "Forrigerre of William Medal"
* amending item 33 of his WD AGO Form 53-55 to add the Bronze Star Medal and the Netherland Orange Lanyard
* amending item 42 of his WD AGO Form 53-55 to read "8 years of Grammar school, 4 years of High school, and 0 years of college"

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 correcting his WD AGO Form 53-55 to show a different DOB or the Belgian Fourragere. 




      ___________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)                                         AR20110009676



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