IN THE CASE OF:
BOARD DATE: 18 September 2012
DOCKET NUMBER: AR20120005591
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 the European-African-Middle Eastern (EAME) Campaign Medal.
2. The applicant states he actually received the ribbon while in service and only recently noticed it is not listed on his discharge papers.
3. The applicant provides a copy of his WD AGO Form 53-55.
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 military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using the applicant's WD AGO Form 53-55 and the document he submitted.
3. The applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States and entered active service on 15 June 1945. It shows he departed the United States on 17 November 1945 and he arrived in the European Theater of Operations (ETO) on 25 November 1945. He served in the ETO until departing on 10 October 1946 and arriving back in the United States on 19 October 1946. The applicant's WD AGO Form 53-55 further shows he was honorably discharged for the convenience of the Government at demobilization on 29 November 1946, in the rank of Technician Five. He completed 1 year,
5 months, and 19 days of total active service. His WD AGO Form 53-55 shows award of the Army of Occupation Medal and the World War II Victory Medal.
4. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 5-13 contains guidance on award of the European-African-Middle Eastern Campaign Medal. It states it is awarded for service in the ETO between 7 December 1941 and 8 November 1945.
DISCUSSION AND CONCLUSIONS:
The applicant's request for correction of his WD AGO Form 53-55 to show the European-African-Middle Eastern Campaign Medal has been carefully considered. However, by regulation, this campaign medal is authorized for service in the ETO between 7 December 1941 and 8 November 1945. The applicant's WD AGO Form 53-55 confirms he did not depart for the ETO until 17 November 1945, subsequent to the period for which this award is authorized. As a result, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20120005725
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120005591
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100017807
The applicant requests, in effect, award of the Bronze Star Medal based on his Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp. The applicants military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Ribbon; b. awarding him the Bronze Star Medal effective...
ARMY | BCMR | CY2013 | 20130006291
Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Awarding him the Purple Heart, for wounds incurred in the European Theater of Operations on 24 March 1945; b. Amending item 33 of his WD AGO Form 53-55 to delete the "ATO MED" and "EAMETO MED"; and c. Amending item 33 of his WD AGO Form 53-55 to add the Purple Heart, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal with...
ARMY | BCMR | CY2010 | 20100024117
The applicant requests his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show award of the Army of Occupation Medal with Germany Clasp. The applicant's military records are not available; however, his WD AGO Form 53-55 shows he served in the ETO from 10 March 1944 to 3 January 1946 with the 302nd Signal Operations Battalion. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2013 | 20130022148
The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 18 April 1946 * a page from Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) * a microfilm copy of the Morning Report of 18 December 1944 for Headquarters (HQ), 23rd Tank Battalion CONSIDERATION OF EVIDENCE: 1. He was assigned to the 23rd Tank Battalion during the period the unit was awarded occupation credit...
ARMY | BCMR | CY2012 | 20120009174
The applicant's WD AGO Form 53-55 shows: a. he was inducted into the Army of the United States on 18 July 1944; b. he entered active duty on 18 July 1944; c. he held military occupational specialty 607 (Light Mortar Crewman); d. he departed the United States on 1 January "1946" and arrived in the ETO on 9 January "1946"; e. he was assigned to Company L, 328th Infantry Regiment; f. he served overseas for a period of 1 year and 28 days; g. he departed the ETO on 18 January 1946 and arrived in...
ARMY | BCMR | CY2013 | 20130005945
The applicant, the daughter of a deceased former service member (FSM), requests correction to his WD AGO 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to: * show three bronze service stars affixed to his previously-awarded European-African-Middle Eastern Theater Campaign Medal * award and add the Bronze Star Medal based on award of the Combat Infantryman Badge * award and add the Purple Heart * add the "Ruptured Duck pin" (lapel pin) 2. This regulation also...
ARMY | BCMR | CY2010 | 20100011474
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Combat Infantryman Badge and that he served 12 months in combat assigned to E Company, 337th Infantry Regiment. There are no orders in the applicant's service personnel records that show he was awarded the Combat Infantryman Badge. Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55...
ARMY | BCMR | CY2011 | 20110022275
The applicant requests correction of his record to add the Army of Occupation Medal with Germany and Austria clasps. The evidence of record shows his unit was awarded the Army of Occupation Medal with Germany Clasp. 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 for service from 6 February 1945 to 8 May 1945 during World War II *...
ARMY | BCMR | CY2009 | 20090001190
The applicant requests, in effect, that his record and separation document (WD AGO Form 53-55) be corrected to add the Purple Heart he was awarded for being wounded in action in Germany in September 1944, and by providing him the correct disability compensation due from the date of his discharge in 1945. Although this treatment record does not indicate the injury was battle related, a WD AGO Form 106, dated 29 November 1945 and War Department Letter Order, dated 4 January 1946, published by...
ARMY | BCMR | CY2013 | 20130020806
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the World War II Victory Medal. Based on his award of the Combat Infantryman Badge, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Combat Infantryman...