BOARD DATE: 3 December 2013
DOCKET NUMBER: AR20130010635
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 correction of his late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show any awards or decorations which he may be authorized or entitled and issuance of his European-African-Middle Eastern Campaign Ribbon with one bronze service star.
2. The applicant states the FSM is entitled to additional awards and decorations for his World War II service.
3. The applicant provides a WD AGO Form 53-55.
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 applicant's request for issuance of European-African-Middle Eastern Campaign Ribbon with one bronze service star is acknowledged. Service medals and awards are not issued by the ABCMR. The FSM's WD AGO Form 53-55, dated 24 August 1945, which shows the European-African-Middle Eastern Campaign Ribbon with one bronze service star is presumed to have been issued to him. However, the applicant may obtain a replacement of this medal by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This issue will not be further addressed in this Record of Proceedings.
3. The FSM's military records are not available to the ABCMR 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. This case is being considered based on his WD AGO Form 53-55.
4. The FSM's available record shows he was inducted into the Army of the United States on 19 September 1942.
5. The FSM's WD AGO Form 53-55 shows in:
a. item 31 (Military Qualifications and Date (i.e., infantry, aviation, and marksmanship badges, etc.), award of the Marksman Marksmanship Qualification Badge with Rifle (.30 Caliber) Bar;
b. item 32 (Battles and Campaigns), the FSM participated in the Normandy Campaign;
c. item 33 (Decorations and Citations), award of the European-African-Middle Eastern Campaign Medal with one bronze service star and Good Conduct Medal;
d. item 36 (Service Outside Continental U.S. and Return), the FSM served in the European Theater of Operations from 30 January 1944 to 13 June 1945, and that during his European Theater of Operations tour he was assigned to the 612th Ordnance Base Armament Maintenance Battalion; and
e. item 37 (Total Length of Service) shows his:
* Continental service as 1 year, 5 months, and 19 days
* Foreign service as 1 year, 5 months, and 17 days
6. On 24 August 1945, the FSM was honorably discharged after completing a total of 2 years, 11 months, and 6 days of creditable active military service.
7. Army Regulation 600-8-22 (Military Awards) provides:
a. for award of the American Campaign Medal. This 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 one year.
b. the World War II Victory Medal is awarded for service between
7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant served a qualifying period of service for award the following medals and is entitled to have his record corrected to show these awards and decorations:
* American Campaign Medal
* World War II Victory Medal
BOARD VOTE:
__X___ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the American Campaign Medal and World War II Victory Medal to his WD AGO Form 53-55.
__________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) AR20130010635
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ABCMR Record of Proceedings (cont) AR20130010635
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