IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110016839
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, as the son of a deceased former service member (FSM), requests correction of his fathers WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show Silver Jump Wings [correctly known as the Parachutist Badge].
2. The applicant states the information on the documents he provided are the only official records that were maintained by the Army and shows the FSMs qualification for the Parachutist Badge during World War II. He states the FSMs service record needs to be updated with the correct information indicating his qualification.
3. The applicant provides:
* WD AGO Form 53-55 with Honorable Discharge Certificate
* WD AGO Form 100 (Army Separation Qualification Record)
* Letter from the National Personnel Records Center
* Death certificate
* Certification of Birth
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 FSMs 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 FSMs 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. The FSMs WD AGO Form 53-55 shows he was inducted into the Army of the United States on 2 November 1942 and he entered active duty on 9 November 1942. This discharge document also shows in:
* item 6 (Organization), he was assigned to Headquarters Company, 2nd Airborne Brigade
* item 7 (Date of Separation), he was honorably discharged on 14 August 1945
* item 31 (Military Qualification and Date (i.e. infantry, aviation, and marksmanship badges, etc.)), the Combat Infantryman Badge
* item 33 (Decorations and Citations), the Army Good Conduct Medal, Bronze Star Medal, and European-African-Middle Eastern Campaign Medal with two bronze service stars
* item 36 (Service Outside Continental U.S. and Return), he arrived in the European Theater of Operations on 8 January 1944 and he departed on 8 April 1945
* item 41 (Service Schools Attended), he completed 8 weeks of training as a Flight Operator in Greely, CO and 4 weeks of training as a Parachutist at Fort Benning, GA
4. His WD AGO Form 100 also shows the FSM completed the Flight Operations (8 weeks) and Parachutist (4 weeks) courses.
5. His available service record does not contain orders which show he was awarded the Parachutist Badge.
6. The applicant provided a letter, dated 31 March 2011, from the National Personnel Records Center. This letter informed him the FSMs records were not found possibly due to the fire on 12 July 1973. Also, there was no record to show the FSMs was authorized the Silver Jump Wings. The applicant was advised to apply to the Army Review Boards Agency. In addition, he was shipped the FSMs Bronze Star Medal, Army Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, World War II Victory Medal, Combat Infantryman Badge (1st Award), and Honorable Service Lapel Button (World War II).
7. Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.
8. Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION AND CONCLUSIONS:
1. The FSMs available military personnel records are void of orders which show he was awarded the Parachutist Badge.
2. However, his WD AGO Form 53-55 and WD AGO Form 100 both show he completed 4 weeks of training as a Parachutist at Fort Benning, GA. This evidence is accepted as sufficient to award the FSM the Parachutist Badge and correction of his WD AGO Form 53-55 to show this badge.
3. He served a period of qualifying service for award of the World War II Victory Medal. Therefore, his WD AGO Form 53-55 should be corrected to show this medal.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the WD AGO Form 53-55 of the individual concerned be corrected by showing award of the Parachutist Badge and the World War II 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) AR20110016839
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ABCMR Record of Proceedings (cont) AR20110016839
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