IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130018074
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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show the World War II Victory Medal.
2. The applicant states his WD AGO Form 53-55 clearly reflects his participation in campaigns in North Africa and Italy during World War II. In addition, it shows he received the European-African Middle Eastern (EAME) Campaign Medal with 3 bronze service stars.
3. The applicant provides his WD AGO Form 53-55, Honorable Discharge Certificate, and WD AGO Form 100 (Separation Qualification Record).
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 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 the applicant's records were lost or destroyed in that fire. However, the applicant provided documents which are sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 13 May 1942 and he entered active service on that date. He held military occupational specialty 056 (Mail Clerk) and his last unit of assignment was Headquarters Battery, 329th Field Artillery Battalion, 85th Division.
4. His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 29 December 1943 and arrived in the EAME Theater of Operations on 7 January 1943. He departed the EAME Theater of Operations on 15 August 1945 and arrived back in CONUS on 26 August 1945.
5. On 19 October 1945, he was honorably discharged by reason of demobilization. He completed 1 year, 9 months, and 9 days of continental service and 1 year, 7 months, and 28 days of foreign service.
6. Item 32 (Battle and Campaigns) of the WD AGO 53-55 he was issued shows he participated in the Rome-Arno, North Apennines, and Po Valley campaigns. Item 32 (Decorations and Citations) shows the Army Good Conduct Medal and the EAME Campaign Medal with 3 bronze service stars.
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments. It states the:
a. World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
b. the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955. Service between 9 May 1945 and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945.
8. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II. This pamphlet shows the 329th Field Artillery Battalion, the unit he was assigned to during his service in the EAME Theater of Operations, received occupation credit for Germany during the period 2 May to 11 June 1945.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served during a qualifying period for award of the World War II Victory Medal. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.
2. His unit received occupation credit for Germany during his period of assignment; therefore, he is entitled to correction of his WD AGO Form 53-55 accordingly.
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 to his WD AGO Form 53-55 the World War II Victory Medal and the Army of Occupation Medal with Germany Clasp.
_______ _ 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) AR20130018074
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ABCMR Record of Proceedings (cont) AR20130018074
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