IN THE CASE OF:	   

		BOARD DATE:	    4 January 2013

		DOCKET NUMBER:  AR20120011547 


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, the daughter of a deceased former service member (FSM), requests correction to his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show the American Campaign Medal and Meritorious Unit Commendation.

2.  The applicant states these awards should be added to her father's separation document.  She believes that many records that had been updated were lost in the 1973 fire.

3.  The applicant provides:

* FSM's Certificate of Proficiency
* FSM's WD AGO Form 100 (Separation Qualification Record)
* AGO Form 0657 (Authorization for Issuance of Awards)
* FSM's State of Illinois Service Recognition Certificate
* newspaper article on the FSM and handwritten notes
* two pictures alleged to be of the FSM
* parent's marriage license
* FSM's and her mother's death certificates
* her birth certificate

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 FSM's 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 the FSM's records were destroyed in that fire.  However, a reconstructed record contains sufficient documentation and the documents provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The FSM's available record shows he was inducted into the Army of the United States on 11 September 1942 and entered active service on 25 September 1942.  He completed training and was awarded the military occupational specialty of light truck driver.  

4.  He was honorably discharged from active service, in the rank of technician five, on 5 November 1945, for the convenience of the Government at demobilization. 

5.  Item 6 (Organization) of his WD AGO Form 53-55 lists Company B, 845th Engineer Aviation Battalion.  Item 32 (Battle and Campaigns) of this form shows he participated in the Naples-Foggia, North Apennines, Po Valley, Rhineland, Rome-Arno, and Southern France campaigns.

6.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 lists the:

* World War II Victory Medal
* European-African-Middle-Eastern (EAME) Campaign Medal with one silver service star and one bronze service star
* five overseas service bars
* one service stripe
* Army Good Conduct Medal

7.  Item 36 (Service Outside Continental U.S. and Return) of his WD AGO Form 53-55 lists the European Theater of Operations from 19 February 1943 to 7 October 1945.
8.  Item 37 (Total Length of Service) of this form shows he completed 4 months and 22 days of continental service and 2 years, 8 months, and 19 days of foreign service.  

9.  The applicant provided a copy of an AGO Form 0657, dated 19 November 1964 (or possibly 19 November 1954), wherein the FSM was advised of his authorization to the following awards:

* Army Good Conduct Medal
* Meritorious Unit Emblem (Meritorious Unit Commendation)
* EAME Campaign Medal with one silver service star and one bronze service star
* World War II Victory Medal

10.  In a letter, dated 11 August 2005, the National Personnel Records Center advised the applicant that the FSM was authorized the following awards:

* Army Good Conduct Medal
* Meritorious Unit Emblem (Meritorious Unit Commendation)
* EAME Campaign Medal with one silver service star and one bronze service star
* World War II Victory Medal
* Honorable Service Lapel Button (WWII)

11.  Army Regulation 600-8-22 (Military Awards) states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes service of one year or more in the continental United States or permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

12.  Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, does not show the FSM's unit, Company B, 845th Engineer Aviation Battalion, was cited for the Meritorious Unit Commendation or was awarded occupation credit during his period of service. 


DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not show the FSM completed a qualifying period of service of one year or more service in the Continental United States for the American Campaign Medal.  Therefore, the applicant is not entitled to correction to her father's WD AGO Form 53-55 to show this award.

2.  Notwithstanding the AGO Form 0657 provided by the applicant, DA Pamphlet 672-1 does not confirm the FSM's unit was awarded the Meritorious Unit Commendation during his period of service.  Therefore, the applicant is not entitled to correction to her father's WD AGO Form 53-55 to show this award.

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)                                         AR20120011547





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ABCMR Record of Proceedings (cont)                                         AR20120011547



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