IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130015585
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 his fathers WD AGO Form 53-55 (Enlisted Record and Report of Separation- Honorable Discharge) be corrected to show award of the World War II Victory Medal.
2. The applicant states that his father served in the military from 25 September 1941 to 6 September 1945.
3. The applicant provides:
* WD AGO Form 53-55
* WD AGO Form 100 (Separation Qualification Record)
* State of Utah Certificate of Birth, dated 25 August 1947
* State of Utah Certificate of Birth, dated 10 July 1975
* State of Utah Certificate of Death, dated 15 September 1976
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 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 the FSMs records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55 and WD AGO Form 100.
3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 September 1941. On 12 January 1942, the applicant departed the United States for duty in the Asiatic-Pacific Theater of Operations (APTO).
4. On 16 December 1944, the FSM departed the APTO and on 6 September 1945 he was honorably discharged.
5. Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 55-53 shows the entry India-Burma 2 April 1942-28 January 1945.
a. Item 33 (Decorations and Citations) shows the FSM was awarded the:
* American Defense Service Medal
* Army Good Conduct Medal
* Asiatic-Pacific Theater Campaign Medal
b. Item 37 (Continental Service) shows 11 months and 7 days.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
7. Army Regulation 600-8-22, paragraph 5-14, contains the regulatory guidance on the Asiatic-Pacific Campaign Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each APTO campaign a member is credited with participating in. During his service in APTO the applicant participated in one campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for awards for the FSM was carefully considered and it was determined there is sufficient evidence to support his request.
2. The FSM met the eligibility criteria for award of the World War II Victory Medal. His WD AGO Form 53-55 should be amended to add this award.
3. Evidence of record shows the FSM participated in one campaign in the APTO.
Therefore, he is entitled to one bronze service star for wear on his already-awarded Asiatic-Pacific Theater Campaign Medal.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
a. deleting from item 33 of his WD AGO Form 53-55 the Asiatic-Pacific Theater Campaign Medal.
b. adding to item 33 of his WD AGO Form 53-55:
* World War II Victory Medal
* Asiatic-Pacific Theater Campaign Medal with one bronze service star
_______ _ 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) AR20130015585
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ABCMR Record of Proceedings (cont) AR20130015585
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