IN THE CASE OF:	  

		BOARD DATE:	 22 October 2013 

		DOCKET NUMBER:  AR20130004448 


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 award of the National Service Medal (properly known as the National Defense Service Medal) and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show this award.

2.  The applicant states his service prior to being sent overseas apparently was not included by the discharge officer.  He had not felt the need for the medal until now and would like his records corrected.

3.  The applicant provides his WD AGO Form 53-55, Honorable Discharge Certificate, and a self-authored letter to the National Personnel Records Center.

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's reconstructed records show he enlisted in the Army of the United States on 10 December 1942 and he entered active duty on 8 April 1943.  He held military occupational specialty 605 (Heavy Machine Gunner).

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 27 August 1944 and he arrived in the European-African-Middle Eastern theater of operations on 7 September 1944.  He participated in three campaigns:  Northern France, Rhineland, and Central Europe.  He departed the European-African-Middle Eastern theater on 2 July 1945 and he arrived in CONUS on 11 July 1945.

5.  His WD AGO Form 53-55 shows he was honorably discharged on 13 November 1945 at Fort Douglas, Utah.  At the time of his separation he was assigned to Company H, 414th Infantry Regiment, 104th Division.  He completed 1 year, 8 months, and 21 days of continental service and 10 months and 15 days of foreign service.

6.  His WD AGO 53-55 shows he was awarded or authorized the American Theater of Operations Service Ribbon (now known as the American Campaign Medal), European-African-Middle Eastern Service Ribbon (now known as the European-African-Middle Eastern Campaign Medal), Army Good Conduct Medal, Purple Heart, World War II Victory Medal, an unspecified marksmanship qualification badge for the heavy machine gun and the Combat Infantryman Badge.

7.  On 19 May 1981, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, authorized award of the Bronze Star Medal to the applicant based on his award of the Combat Infantryman Badge.  The Bronze Star Medal was issued to him on 16 July 1981.

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

9.  Army Regulation 600-8-22 states the European-African-Middle Eastern Campaign Medal is awarded for service within the European-African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  A bronze service star is authorized based on qualifying service for each campaign listed in appendix B or listed in item 32 of the WD AGO Form 53-55.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

10.  Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 414th Infantry Regiment was awarded occupation credit for Germany from 2 May to 3 June 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served on active duty from 8 August 1943 to 13 November 1945.  He did not serve on active duty during a qualifying period for award of the National Defense Service Medal.  Therefore, he is not entitled to the requested relief.

2.  The evidence shows the applicant's records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of his records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

	a.  He was awarded the Bronze Star Medal.  Therefore, his WD AGO 
Form 53-55 should be corrected to add this award.

	b.  He participated in three campaigns during his service in World War II.  Therefore, he is entitled to three bronze service stars to be affixed to the already-awarded European-African-Middle Eastern Campaign Medal.

	c.  His unit in World War II was given occupation credit for Germany.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his 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:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in his records should be corrected.  Therefore, the Board requests that ARBA CMD administratively correct his WD AGO Form 53-55 to show award of the Bronze Star Medal, Army of Occupation Medal with Germany Clasp, and three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during World War II are deeply appreciated.  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)                                         AR20130004448



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ABCMR Record of Proceedings (cont)                                         AR20130004448



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