IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120008685
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 award of the Bronze Star Medal.
2. The applicant states, in effect, he found his Bronze Star Medal Citation years ago and realized it was not updated on his WD AGO Form 53-55 and he never received it.
3. The applicant provides:
* WD AGO Form 53-55
* Honorable Discharge Certificate
* Bronze Star Medal Citation
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 to the ABCMR for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the applicant provides sufficient documents to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows:
* he was inducted in the Army of the United States on 23 March 1943 and entered active duty on 1 April 1943
* his unit was the 739th Field Artillery
* his highest grade held was sergeant
* he was credited with 1 year, 5 months, and 3 days of foreign service
* he was credited with 4 campaign participations
* Northern France
* Rhineland
* Ardennes
* Central Europe
* he completed 1 year, 3 months, and 21 days of service in the Continental United States
* he was honorably discharged on 24 December 1945
* he was credited with 2 years, 9 months, and 2 days of creditable active military service
4. His WD AGO Form 53-55 shows he was awarded the following:
* Good Conduct Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with 4 bronze stars
* World War II Victory Medal
5. General Orders Number 105, Headquarters, XIX Corps, Office of the Commanding General, dated 9 May 1945, awarded the applicant the Bronze Star Medal for the period 1 September 1944 to 1 April 1945.
6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 739th Field Artillery was awarded occupation credit for Germany for the period 2 May 31 October 1945.
7. Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. Award of the Army of Occupation Medal with Germany Clasp states qualifying service must have occurred between 9 May 1945 and 5 May 1955.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his WD AGO Form 53-55 to show award of the Bronze Star Medal was carefully considered and determined to have merit.
2. General orders awarded the applicant the Bronze Star Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.
3. The applicant met a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp; therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.
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
adding to his WD AGO Form 53-55 the Bronze Star Medal and Army of Occupation Medal with Germany Clasp.
_______ _ __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) AR20120008685
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ABCMR Record of Proceedings (cont) AR20120008685
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