BOARD DATE:	  11 February 2014

		DOCKET NUMBER:  AR20130009439 


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 that the records of his deceased father, a former service member (FSM), be corrected to show the awards of the World War II (WWII) Victory Medal, Arrowhead Device, and the National Defense Service Medal (NDSM).

2.  The applicant states the records of the FSM do not reflect the WWII Victory Medal, the Arrowhead Device for his participation in the Normandy Invasion, and the NDSM.

3.  The applicant provides a partial copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), the FSM’s death certificate, the applicant’s birth certificate, a page from the FSM’s records that does not contain the FSM’s name, and a picture of the FSM’s grave.

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 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 lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The FSM enlisted in the Regular Army on 28 October 1940.  He completed his training as a supply specialist and was transferred to the European Theater of Operations.  He participated in the Northern France, Normandy, Rhineland, Ardennes, and Central Europe Campaigns.

4.  On 10 October 1945, he was honorably discharged at Fort McClellan, Alabama in the rank of master sergeant.  His WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge (CIB), Good Conduct Ribbon, Distinguished Unit Badge, Bronze Star Medal (BSM), American Defense Service Ribbon, and the European-African-Middle Eastern Theater Ribbon with five bronze service stars.  

5.  In the page submitted by the applicant, he indicates it is a page from the FSM’s records; however, it does not contain any identifying data to indicate it is from the FSM’s record.  However, it shows that the individual departed the United Kingdom on 5 June and arrived at Normandy on 6 June 1944.  The D-Day invasion of Normandy occurred on 6 June 1944.

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

	a.  the World WWII Victory Medal is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

	b.  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.  

	c.  the "arrowhead" will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, the Armed Forces Expeditionary Medal, the Global War on Terrorism Expeditionary Medal the Iraq Campaign Medal, and the Afghanistan Campaign Medal.

	d.  the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during WWII.

DISCUSSION AND CONCLUSIONS:

1.  The FSM served during a qualifying period for award of the WWII Victory Medal and is entitled to have that award added to his records at this time.

2.  While the records provided by the applicant do not contain the FSM’s identifying data, it is reasonable to presume that the records are those of the FSM and clearly show that he was present for the D Day Invasion.  Accordingly, the Arrowhead Device should be added to his records for wear on the European-African-Middle Eastern Campaign Medal.

3.  It is also noted that the FSM was awarded the CIB and the BSM prior to his discharge on 10 October 1945.  Accordingly, the FSM is entitled to a second award of the BSM based on his award of the CIB.

4.  The FSM is not entitled to award of the NDSM as that award was not authorized for the period of service in which he served.  It did not take effect until 5 years after his discharge.





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 awarding him the BSM (2nd award) based upon award of the Combat Infantryman Badge and:

* deleting the award of the BSM from his WD AGO Form 53-55
* adding the BSM (2nd Award), WWII Victory Medal, and Arrowhead Device to his WD AGO Form 53-55

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 adding the award of the NDSM to his records.  




      __________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)                                         AR20130009439





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ABCMR Record of Proceedings (cont)                                         AR20130009439



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