IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007829
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 he was awarded the Silver Star.
2. The applicant states he was awarded the Silver Star and the Purple Heart while he was in Germany.
3. The applicant provides:
* National Personnel Records Center (NPRC) letter, dated 7 March 2012
* Roster of Silver Star recipients during World War II (source unknown)
* Email between Army officials and himself, dated 5 April 2012
* WD AGO Form 100 (Separation Qualification Record)
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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants 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. The applicant was inducted into the Army of the United States on
18 November 1942. He completed training as a radio operator. He arrived in the European Theater of Operations on 29 January 1945.
4. On 29 June 1945, General Orders Number 137 were published awarding the applicant the Silver Star for gallantry in action on 12 April 1945 at Lohmar, Germany.
5. The applicant returned to the United States on 2 July 1945. He was honorably discharged on 19 December 1945, due to demobilization.
6. His WD AGO Form 53-55 contains the following entries:
* Item 32 (Battles and Campaigns)
* Rhineland
* Central Europe
* Item 33 (Decorations and Citations)
* World War II Victory Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal
* Good Conduct Medal
* Purple Heart
7. The Silver Star is not shown on his WD AGO Form 53-55.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in Appendix B of this regulation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. General Orders Number 137 were published on 29 June 1945, awarding him the Silver Star for gallantry in action on 12 April 1945 at Lohmar, Germany. His WD AGO Form 53-55 should be amended to show this award.
3. The applicants WD AGO Form 53-55 should also be amended to show he is authorized two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign 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 all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to add the Silver Star and two bronze service stars to be affixed to his already-awarded 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) AR20120007829
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ABCMR Record of Proceedings (cont) AR20120007829
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