IN THE CASE OF:	  

		BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20140011093 


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 daughter of a deceased former service member (FSM), requests correction of her late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Bronze Star Medal.

2.  The applicant states the letter awarding her father the Bronze Star Medal was overlooked.

3.  The applicant provides three letters and a birth certificate.

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 complete 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 that the FSM's records were lost or destroyed in that fire. However, his reconstructed record contains sufficient documents to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 10 January 1944 and he entered active duty on 31 January 1944.  He held military occupational specialty 745 (Rifleman) and his last unit of assignment was with Company K, 9th Infantry Regiment.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 15 July 1944 and he arrived in Scotland in the European-African-Middle Eastern (EAME) Theater of Operations on 21 July 1944.  He departed Scotland on 26 July 1944 and arrived in France on 27 July 1944.  

5.  His reconstructed record contains:

	a.  His WD AGO Form 24 (Service Record) wherein it shows he was seriously wounded in action on 7 August 1944 in Vire, France.  He was subsequently hospitalized and assigned in a patient status to the U.S. Army Hospital (USAH), France. 

	b.  An entry on his WD AGO Form 24 (Service Record), dated 11 August 1944, wherein it stated the FSM was seriously wounded in action in France; his right, lower leg had been fractured by a shell fragment and he was favorably considered for the Army Good Conduct Medal.

	c.  WD AGO Form 079 (Record of Award Decoration by Agency Other than War Department), dated 16 August 1944, awarding the FSM the Purple Heart for wounds received as the result of enemy action on 7 August 1944.

	d.  A letter to the USAH, dated 26 August 1944, from Headquarters (HQ), 9th Infantry, wherein it stated that enclosed were General Orders (GO) Number 17, dated 8 August 1944, issued by HQ, 9th Infantry, awarding the FSM the Combat Infantryman Badge.  These orders are not available for review with this case.

6.  The FSM departed the EAME Theater of Operations on 12 January 1945 and arrived back in CONUS on 19 January 1945.  He was assigned in a patient status to Kennedy General Hospital (KGH), Memphis, TN. 

7.  He was honorably discharged on 14 February 1945 at KGH by reason of a certificate of disability.  He completed 7 months and 1 day of service in CONUS and 6 months and 4 days of foreign service, for a total of 1 year, 1 month, and 5 days of active military service.

8.  His WD AGO 53-55 shows in:

* item 31 (Military Qualifications) the Marksman Marksmanship Qualification Badge with Rifle Bar
* item 32 (Battles and Campaigns) that he participated in the Western Europe Campaign
* item 33 (Decorations and Citations) the Purple Heart and EAME Campaign Medal 

9.  His Service Record shows he had no convictions by a court-martial, no adverse actions had been taken against him, and he had no lost time.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  For first award only, 1 year must have been served entirely during the period 7 December 1941 to 2 March 1946.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

11.  The applicant provides and the FSM's reconstructed records contain a letter, dated 30 June 1952, subject: Letter Orders - Bronze Star Medal, issued by the Department of the Army, Office of the Adjutant General, wherein it stated, in part, the FSM was awarded the Bronze Star Medal for exemplary conduct in ground combat against the enemy based on GO Number 17, dated 8 August 1944, awarding him the Combat Infantryman Badge. 

12.  The FSM died on an unknown date.

13.  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 EAME Campaign Medal was awarded for service within the EAME theater between 7 December 1941 and 8 November 1945.  A bronze service star is authorized with this award for each campaign a member is credited with participating in.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms the FSM was awarded the Combat Infantryman Badge and the Bronze Star Medal which are not shown on his WD AGO 53-55.  Therefore, his WD AGO 53-55 should be corrected to show these awards.

2.  The available evidence shows the FSM served honorably on active duty from 31 January 1944 to 14 February 1945.  His reconstructed record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award) and his Service Record shows he was favorably considered for this award on 11 August 1944.  Therefore, it would be appropriate at this time to posthumously award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his WD AGO 53-55 to show this medal.

3.  The FSM served during a qualifying period for award of the World War II Victory Medal.  In addition, he participated in one campaign during his service in the EAME Theater of Operations and is entitled to one bronze service star for wear on his already-awarded EAME Campaign Medal.  Therefore, his WD AGO 53-55 should be corrected accordingly.  

BOARD VOTE:

___x____  ____x___  ____x____  DENY APPLICATION

________  ________  ________  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:

* posthumously awarding the FSM the Army Good Conduct Medal (1st Award) for the period 31 January 1944 through 14 February 1945
* deleting from item 33 of his WD AGO 53-55 the European-African Middle Eastern Campaign Medal 
* adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* European-African-Middle Eastern Campaign Medal with one bronze service star
* World War II Victory Medal



      ___________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)                                         AR20140011093





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ABCMR Record of Proceedings (cont)                                         AR20140011093



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