Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130015585
Original file (20130015585.txt) Auto-classification: Approved

		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 father’s 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 FSM’s 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 applicant’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130015585



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110011389

    Original file (20110011389.txt) Auto-classification: Approved

    The form contains the following pertinent information: * Item 6 (Organization) shows Company C, 726th Military Police Battalion * Item 7 (Date of Separation) shows 18 January 1946 * Item 30 (Military Occupational Specialty) shows Military Policeman 677 * Item 32 (Battles and Campaigns) shows Normandy and Rhineland * Item 33 (Decorations and Citations) shows the: * European African-Middle Eastern Campaign Medal with 2 bronze service stars * Army Good Conduct Medal * World War II Victory...

  • ARMY | BCMR | CY2010 | 20100008103

    Original file (20100008103.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period ending 15 February 1946 to show award of the Expert Infantryman Badge. A WD AGO Form 24 (Service Record) covering the period 2 December 1942 to 15 February 1946 shows the applicant was awarded and authorized to wear: * Army Good Conduct Medal * Combat infantryman Badge * Expert Infantryman Badge * Asiatic-Pacific Theater Campaign Medal * American Theater...

  • ARMY | BCMR | CY2003 | 2003084073C070212

    Original file (2003084073C070212.rtf) Auto-classification: Approved

    The applicant's WD AGO Form 53-55, shows no award of the Purple Heart in block 33 (Decorations and Citations). The same regulation also provides for award of the Asiatic-Pacific Campaign Medal. The 160th Infantry Regiment was awarded campaign credit for participation in the Luzon, Southern Philippines, and Bismarck Archipelago campaigns during the time the applicant was member of the unit.

  • ARMY | BCMR | CY2008 | 20080009604

    Original file (20080009604.txt) Auto-classification: Approved

    The applicant requests, in effect, that the record of her late father, a former service member (FSM), be reviewed to confirm he was a Silver Star (SS) recipient and confirm his eligibility for the Bronze Star Medal (BSM). The applicant provides the following documents in support of her request: Self-Authored Statement; Power of Attorney; two Certificates of Birth; Pennsylvania Driver’s License; VA Form 40-1330 (Application for Standard Government Headstone or Marker); WD AGO Form 53-55...

  • ARMY | BCMR | CY2003 | 2003089163C070403

    Original file (2003089163C070403.rtf) Auto-classification: Approved

    the period he was a member of that unit; he is therefore entitled to have this unit citation included among his awards on his WD AGO Form 53-55. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant campaign participation credit for his service with the 239th Engineer Battalion (Construction) at the time it was awarded campaign participation credit for "Leyte," and to have it added to block 32 of his...

  • ARMY | BCMR | CY2014 | 20140000804

    Original file (20140000804.txt) Auto-classification: Approved

    The applicant, the son a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Asiatic-Pacific Campaign Medal with three bronze service stars. The FSM's military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 32 of his WD AGO Form 53-55 the Luzon and...

  • ARMY | BCMR | CY2008 | 20080009195

    Original file (20080009195.txt) Auto-classification: Approved

    The applicant requests that his father's, a former service member (FSM), military records be corrected to show that he was authorized the Asiatic-Pacific Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 33 of the FSM's WD AGO Form 53-55 to show he was authorized the Asiatic-Pacific Campaign Medal and the World War II Victory Medal. ___________X______________ CHAIRPERSON I certify that herein...

  • ARMY | BCMR | CY2010 | 20100019895

    Original file (20100019895.txt) Auto-classification: Approved

    The applicant states the FSM was wounded in combat on 21 October 1944 during World War II and he was issued a Certificate of Disability due to those wounds. Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding the FSM the Purple Heart for wounds received in action against the enemy during WWII on 21 October...

  • ARMY | BCMR | CY2010 | 20100013067

    Original file (20100013067.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Item 33 (Decorations and Citations) on his WD AGO Form 53-55 shows 3 Overseas Service Bars, Asiatic-Pacific Campaign Medal with two bronze service stars, Army Good Conduct Medal, Purple Heart, and the World War II Victory Medal as authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. posthumously awarding the FSM...

  • ARMY | BCMR | CY2009 | 20090020609

    Original file (20090020609.txt) Auto-classification: Approved

    The applicant, the widow of a deceased former service member (FSM), requests correction of the FFM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Bronze Star Medal (BSM), American Defense Service Medal (ADSM), and the Army of Occupation Medal (AOM) with Japan Clasp. Therefore, the FSM's should be awarded the Bronze Star Medal based on award of the Combat Infantry Badge and correction of his WD AGO Form 53-55 to show this award. As...