IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20140013051
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 two battle stars (now known as bronze service stars).
2. The applicant states his company was awarded two bronze service stars, but due to an oversight they were not listed on his WD AGO Form 53-55.
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 25 March 1944
* his military occupational specialty was 050 (Carpenter)
* he served in the European Theater of Operations from 25 September 1944 until his departure to the continental United States (CONUS) on
15 April 1946
* he was assigned to the 1674th Engineer Utility Detachment
* he was honorably discharged on 20 June 1946 after completing a total of 2 years, 2 months and 26 days of active military service
* he served a total of 7 months and 24 days in CONUS
* he served a total of 1 year, 7 months, and 2 days outside CONUS
4. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows the entry "None."
5. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal.
6. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. This document shows that at the time of his assignment to the 1674th Engineer Utility Detachment, the unit was credited with participation in the Rhineland campaign during World War II.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the European-African Middle Eastern Campaign Medal for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant participated in one campaign. Therefore, he is entitled to correction of his WD-AGO Form 53-55 to show one bronze service star on his already-awarded European-African-Middle Eastern Campaign Medal.
2. There is no evidence nor did he submit any evidence that shows his unit participated in two campaigns. Therefore, he is not entitled to have his
WD AGO Form 53-55 corrected to show the award of a second bronze service star.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entries:
(1) "None" from item 32 of his WD AGO Form 53-55 and
(2) European-African-Middle Eastern Campaign Medal from item 33 of his WD AGO Form 53-55.
b. adding the entries:
(1) "Rhineland" to item 32 of his WD AGO Form 33-55 and
(2) European-African-Middle Eastern Campaign Medal with one bronze service star to item 33 of his WD AGO Form 53-55.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so
much of the application that pertains to amending his WD AGO Form 53-55 to show the European-African-Middle Eastern Campaign Medal with two bronze service stars.
___________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) AR20140013051
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ABCMR Record of Proceedings (cont) AR20140013051
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