BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003490
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 that the records of her late husband, a former service member (FSM), be corrected by awarding him the World War II Victory Medal.
2. The applicant states she would like to have her late husband's records corrected to properly honor his service. The FSM served from 15 April 1942 through 12 June 1945.
3. The applicant provides a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).
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. It is believed that the FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from one document provided by the applicant.
3. The WD AGO Form 53-55 provides the following:
a. service from 15 April 1942 through 12 June 1945;
b. participation in three campaigns; and
c. award of the European-African-Middle Eastern Service Medal (now known as the European-African-Middle Eastern Campaign Medal) and Honorable Discharge Lapel Button.
4. Army Regulation 600-8-22 (Military Awards) states:
a. the World War II Victory Medal was established by the act of Congress 6 July 1945. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive; and
b. a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.
DISCUSSION AND CONCLUSIONS:
1. The FSM was discharged prior to the establishment of the World War II Victory Medal; however, his period of service does qualify him to award of this medal.
2. The available records shows the FSM served in three campaigns during World War II; therefore, he is authorized wear of three bronze service stars on his European-African-Middle Eastern Campaign Medal.
3. It is appropriate correct the record as noted below.
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 all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to add the World War II Victory Medal and to show he was authorized wear three bronze service stars on his the European-African- Middle Eastern Campaign 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) AR20120003490
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ABCMR Record of Proceedings (cont) AR20120003490
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