IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000841
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, in effect, his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be amended to show the World War II Victory Medal and issuance of the World War II Victory Medal and Army of Occupation Medal.
2. The applicant states, in effect, he would like his WD AGO Form 53-55 to read "World War II Victory Medal" instead of what is currently shown, the "Victory Medal." He also would like to be issued the World War II Victory Medal and the Army of Occupation Medal Germany.
3. The applicant provides copies of his WD AGO Form 53-55 and 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 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 Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed his were destroyed in that fire. However, the WD AGO Form 53-55 provided by him contains sufficient information for the Board to conduct a fair and impartial review of this case.
3. His available record shows he was inducted into the Army of the United States on 23 July 1945 and entered active service on the same day.
4. He was honorably discharged from active service on 1 January 1947. His WD AGO Form 53-55 shows in:
* Item 6 (Organization) Service Troop, 3rd Constabulary Regiment
* Item 32 (Battle and Campaigns) None
* Item 33 (Decorations and Citation) Victory Medal and Army of Occupation Medal Germany
* Item 36 (Service Outside Continental U.S. and Return) the European Theater of Operations from 9 February 1946 through 15 November 1946
* Item 37 (Total Length of Service) 7 months and 12 days of continental service and 9 months and 27 days of foreign service.
* Item 55 (Remarks) Lapel Button and one Overseas Service Bar
5. Army Regulation 600-8-22 (Military Awards), paragraph 1-47, states all U.S. Army medals are presented without cost to an awardee. Requests for replacement medals should be forwarded to the National Personnel Records Center (Military Personnel Records), 1 Archives Drive, St. Louis, MO 63138-1002. The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals. Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 (Request Pertaining to Military Records), which is available for download at the same website. At a minimum, the request must include a copy of the individual's WG AGO Form 53-55 and any other supporting documentation to substantiate their request. All requests must be signed and dated.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the World War II Victory Medal for his period of service during World War II. This award is shown on his WD AGO Form 53-55 as the Victory Medal. As a matter of clarity, his WD AGO Form 53-55 should be amended to show the World War II Victory Medal.
2. The ABCMR corrects records; it does not issue medals or badges. Any questions or concerns regarding replacement medals and badges should be referred to the NPRC (Military Personnel Records), 1 Archives Drive, St. Louis, MO 63138-1002.
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:
* deleting from the applicant's WD AGO Form 53-55 the Victory Medal
* adding to his DD Form 214 the World War II Victory Medal
2. The Board further determined that the evidence 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 issuing replacement medals.
_______ _ __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) AR20130000841
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