IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011436
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 award of the World War II Victory Medal.
2. The applicant states he never received the World War II Victory Medal.
3. The applicant provides his 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 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. His military record is not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents available to conduct a fair and impartial review of this case. This case is being considered using reconstructed records which primarily consist of the applicant's WD AGO Form 53-55 provided by the NPRC.
3. His WD AGO Form 53-55 contains the following pertinent information:
* he was inducted into the Army of the United States on 6 April 1943 and entered active duty on 13 April 1943
* his military occupational specialty was Projectionist Motion Picture
* he served in the European Theater of Operations from 18 December 1943 until his departure to the continental United States (CONUS) on 18 June 1945
* he was honorably discharged on 30 October 1945 after completing a total of 2 years, 6 months and 24 days of active military service
* he served a total of 11 months and 26 days in CONUS
* he served a total of 1 year, 6 months, and 22 days outside CONUS
4. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Central Europe, Rhineland, and Ardennes campaigns.
5. Item 33 (Decorations and Citations) of his WD AGO 53-55 shows he was awarded the Good Conduct Medal and European African Middle Eastern Service Ribbon (now known as the European-African-Middle Eastern Campaign Medal).
6. Army Regulation 600-8-22 (Military Awards) provides that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant served a qualifying period of service for award of the World War II Victory Medal and is entitled to have his WD AGO Form 53-55 corrected to show this award.
2. Evidence of record shows he participated in three campaigns. Therefore, he is entitled to correction of his WD-AGO 53-55 to show three bronze service stars on his already awarded European African Middle Eastern Campaign 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:
a. deleting "European African Middle Eastern Service Ribbon" from item 33 of his WD AGO 53-55; and
b. adding the World War II Victory Medal and the European-African-Middle Eastern Campaign Medal with three bronze service stars to item 33 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) AR20140011436
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140011436
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130007376
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was a Prisoner of War (POW) during World War II (WWII). Records show the applicant served a qualifying period of service for award of the World War II Victory Medal.
ARMY | BCMR | CY2013 | 20130021553
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Service) of his deceased father, a former service member (FSM), be corrected to show his grade as staff sergeant (S/Sgt) vice sergeant (Sgt) and the following awards: * European-African-Middle Eastern Campaign Medal with 3 bronze service stars (instead of 2 stars) * Belgian Fourragere Lanyard * Purple Heart * Prisoner of War (POW) Medal * Expert Marksmanship Qualification Badge with Carbine...
ARMY | BCMR | CY2013 | 20130020806
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the World War II Victory Medal. Based on his award of the Combat Infantryman Badge, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Combat Infantryman...
ARMY | BCMR | CY2014 | 20140021230
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the: * Army of Occupation Medal with Germany Clasp * Combat Infantryman Badge * Presidential Unit Citation * European-African-Middle Eastern Campaign Medal with three bronze service stars 2. d. Item 34 (Wounds Received in Action) shows he was wounded in Europe on 5 April 1945. e. Item 36 (Service Outside Continental United States and...
ARMY | BCMR | CY2011 | 20110018732
The applicant provides: * Letter, dated 17 January 2011, from the National Personnel Records Center (NPRC) * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) CONSIDERATION OF EVIDENCE: 1. There is no evidence in his records and he provides none to show he was awarded three awards of the Bronze Star Medal. Based on the award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show...
ARMY | BCMR | CY2011 | 20110024026
Counsel requests correction of the applicant's WD AGO Form 53-55 to show the Purple Heart and World War II Victory Medal. There is no evidence in the available military service records that shows the applicant was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart. His records should also be corrected to show the Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with four bronze service stars, and...
ARMY | BCMR | CY2009 | 20090012721
The evidence of record shows the applicant was wounded in combat as a result of enemy artillery fire on 18 November 1944. Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action on 18...
ARMY | BCMR | CY2013 | 20130013081
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of her uncle, a former service member (FSM), be corrected to show the European-African-Middle Eastern Campaign Medal with four bronze service stars and Purple Heart. Her uncle stated that he was blown out of three tanks which have left him with a lifetime of problems with his arm and shoulder. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 9...
ARMY | BCMR | CY2010 | 20100007777
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separations) to show his prisoner of war (POW) status and his unit of assignment as the 110th Infantry instead of the 116th Infantry. Therefore, it would be appropriate to award him the POW Medal, correct his WD AGO Form 53-55 to show his POW status and the POW medal. The available evidence shows the applicant served a qualifying period for award of the World War II Victory Medal and American Campaign...
ARMY | BCMR | CY2013 | 20130004730
The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the: * French Croix de Guerre * French Fourragere * Netherlands Orange Lanyard * Belgian Fourragere * Belgian Croix de Guerre (properly known as the Order of the Day of the Belgian Army) 2. The applicant's military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual...