IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110013694
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 all the medals, citations, and unit awards he earned, specifically the Bronze Star Medal (BSM) with "V" Device.
2. The applicant states the mistake was a clerical error.
3. The applicant provides his WD AGO Form 53-55 and honorable discharge certificate.
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 complete 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 his 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. His available records show he was inducted into the Army of the United States in Fort Thomas, KY on 19 December 1942. He entered active duty on
28 December 1942 and he held military occupational specialty (MOS) 641 (Field Lineman). The highest grade he held was Technician Fifth Grade (T/5). He received an honorable discharge on 25 November 1945.
4. Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows the following badges:
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Carbine)
5. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Naples-Foggia, Rome-Arno, Northern Appenines, and Po Valley campaigns during his service in World War II (WWII).
6. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the Bronze Star Medal, Army Good Conduct Medal, and European-African-Middle-Eastern Campaign Medal with four bronze service stars.
7. Item 36 (Foreign Service) of his WD AGO Form 24 (Service Records) shows he served in European theater of operations (ETO) and in continental United States (CONUS):
* departed CONUS on 21 August 1943 and arrived in ETO on 2 September 1943
* departed ETO on 5 November 1945 and arrived in CONUS on
21 November 1945
8. He was assigned to Headquarters Battery 173rd Field Artillery Battalion. A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) shows Headquarters Battery 173rd Field Artillery Battalion did not receive any unit citations during the period of time the applicant was assigned.
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, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.
b. Paragraph 3-14 of the awards regulation contains guidance on the BSM. It states, in pertinent part, that it may be awarded for acts of heroism or for meritorious achievement or meritorious service. Paragraph 6-5 contains guidance on the "V" Device and states, in pertinent part, that a "V" Device is awarded with a BSM to denote an award made for heroism (valor).
c. The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION AND CONCLUSIONS:
1. His record shows he served in the ETO during the period 2 September 1943 through 5 November 1945. This time frame makes him eligible for the WWII Victory Medal. Therefore, he is entitled to have his records corrected to reflect this award.
2. Regrettably, there is no evidence in his available military record and the applicant provided insufficient evidence to show he was awarded the "V" Device.
3. This action in no way diminishes the sacrifices made by the applicant during World War II, his contributions are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined 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 adding the WWII Victory Medal to item 33 of WD AGO Form 53-55.
2. The Board further determined 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 the "V" Device.
_______ _ __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) AR20110013694
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ABCMR Record of Proceedings (cont) AR20110013694
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