IN THE CASE OF:
BOARD DATE: 24 January 2013
DOCKET NUMBER: AR20120011575
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 son of a deceased former service member (FSM), requests, in effect, a World War II conversion award of the Army Commendation Medal.
2. The applicant states:
a. due to the fire at the National Personnel Records Center (NPRC) he is unable to obtain a record confirming award of the Army Commendation Medal to his father for conspicuously meritorious and outstanding performance of duty under enemy fire during the period 12 December 1944 to 8 May 1945.
b. he would like his father's record corrected to show award of the Army Commendation Medal.
c. the record is neither unjust or in error, it simply no longer exists.
d. upon reviewing Army Regulation 600-8-22 (Military Awards), his father's Certificate of Merit appears to qualify him for this award.
3. The applicant provides:
* Certificate of Merit
* WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* FSM's death certificate
* His 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 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 FSM's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.
3. The FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows he was inducted into the Army of the United States on 19 April 1943. He served in the European Theater of Operations from 10 October 1944 to 8 January 1946 and he was honorably discharged on
1 February 1946.
4. His WD AGO Form 53-55 does not show the Army Commendation Medal as an authorized award.
5. There are no orders for the Army Commendation Medal in the available records.
6. The applicant provided a Certificate of Merit awarded to the FSM in recognition of conspicuously meritorious and outstanding performance of military duty in the European Theater of Operations. The citation is for meritorious service in connection with military operations from 12 December 1944 to 8 May 1945. The certificate is signed by a brigadier general in a commanding position.
7. Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before
1 January 1946 in a letter, certificate, or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the FSM received a Certificate of Merit, signed by a brigadier general, for meritorious service in connection with military operations in the European Theater of Operations during the period 12 December 1944 to 8 May 1945.
2. The governing awards regulation states the Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before
1 January 1946 in a certificate, signed by an officer in the grade or position of a major general or higher.
3. Since there is no evidence the brigadier general who signed the FSM's Certificate of Merit was in a position of major general or higher, regrettably, there is no basis for granting the applicant's request for a World War II conversion award of the Army Commendation Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20120011575
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ABCMR Record of Proceedings (cont) AR20120011575
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