IN THE CASE OF:	  

		BOARD DATE:  13 December 2012

		DOCKET NUMBER:  AR20120016056 


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) to show:

* His latest period of service
* His last medal

2.  The applicant states the paperwork was not kept up to date.

3.  The applicant provides:

* WD AGO Form 53-55
* WD AGO Form 100 (Army Separation Qualification Record) 
* Honorable Discharge 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 applicant's complete 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 that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's record contain a WD AGO Form Number 221 (Report of Induction of Selective Service Man) that shows he was inducted into the Army of the United States (AUS) at Fort Devens, MA on 15 January 1942.

4.  His WD AGO Form 53-55 also shows he was inducted into the AUS and entered active duty at Fort Devens, MA, on 15 January 1942.  This form also shows that at the time of his separation, he held military occupational specialty 1736 (Tank Platoon Sergeant) and he was assigned to Company B, 33rd Armored Regiment.  

5.  His WD AGO Form 53-55 further shows he departed the continental United States (CONUS) on 5 September 1943 and he arrived in the European theater of operations (ETO) on 15 September 1943.  He departed the ETO on 15 May 1945 and arrived in CONUS on 29 May 1945.

6.  He completed 1 year, 7 months, and 24 days of continental service and 1 year, 8 months, and 25 days of foreign service.  He was honorably discharged on 3 June 1945 at Fort Devens, MA.

7.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he was awarded the:

* Marksman Marksmanship Qualification Badge with Pistol Bar
* First Class Gunner Marksmanship Qualification Badge (no weapon listed)

8.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Normandy, Northern France, Ardennes, and Rhineland campaigns during World War II.

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

* 
Good Conduct Medal
* Purple Heart
* Silver Star
* Lapel Button (listed in item 55 (Remarks)
* European-African-Middle Eastern Campaign Medal with four bronze service stars (listed in item 55)

10.  The applicant's WD AGO Form 100 shows he entered active duty on 15 January 1942 and he was separated on 3 June 1945.  No other periods of service are documented on this form.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The World War II Victory Medal was established by an Act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	b.  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 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 1 year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not specify what latest period of service is omitted from his WD AGO Form 53-55.  His induction record and WD AGO Form 100 confirm he served on active duty from 15 January 1942 to 3 June 1945.  These are the same dates shown on his WD AGO Form 53-55.  There is no evidence of any other periods of active duty prior or after this period.  

2.  The applicant did not specify what latest award is omitted from his WD AGO Form 53-55.  Nevertheless:

	a.  He served a qualifying period of service for entitlement the World War II Victory Medal.  Therefore, he is entitled to the World War II Victory Medal and correction of his WD AGO Form 53-55 to show this award.
	b.  He completed one year of continental service - a qualifying period of service for award of the American Campaign Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the American Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 World War II Victory Medal and the American Campaign Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to any other periods of service.




      _______ _  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)                                         AR20120016056





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ABCMR Record of Proceedings (cont)                                         AR20120016056



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