IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140014989 


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 his last unit of assignment as the 157th Infantry Regiment, 45th Infantry Division instead of Headquarters and Base Service Squadron, 531st Air Service Group and the award of the Bronze Star Medal (BSM).

2.  He states he was only assigned to the Air Service Group for 3 to 4 months whereas he served over 4 years with the 45th Infantry Division.

3.  He provides his WD AGO Form 53-55, discharge certificate, DD Form 214 (Report of Separation from the Armed Forces of the United States), and BSM 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 applicant was inducted into the Army of the United States on 7 January 1941.  He was honorably discharged on 8 September 1945 due to physical disability and credited with completing 4 years, 8 months, and 2 days of active duty service.

3.  Item 6 (Organization) of his WD AGO Form 53-55 lists his organization as Headquarters and Base Service Squadron, 531st Air Service Group.  Item 33 (Decorations and Citations) of this form does not show award of the BSM.

4.  A Certificate of Disability for Discharge, dated 7 September 1945, shows the applicant was found unfit for military service.  This document lists his last permanent organization as Headquarters and Base Service Squadron, 531st Air Service Group.

5.  On 23 February 1950, the applicant enlisted in the Regular Army. 

6.  A Disposition Form, dated 19 April 1950, shows he was entitled to the Combat Infantryman Badge (CIB), Silver Star (SS), and Purple Heart (PH), effective in 1944.  Additionally, it shows the CIB was awarded while he was assigned to the a 157th Infantry Regiment, 45th Infantry Division; the SS was awarded while he was assigned to the 45th Infantry Division; and the PH was awarded while he was assigned to the 300th General Hospital.

7.  Letter Orders, dated 28 June 1950, show the applicant was awarded the BSM for exemplary conduct in ground combat against the armed enemy while assigned to the 157th Infantry Regiment on or about 1 January 1944 in the Mediterranean Theater of Operations. 

8.  On 31 March 1951, the applicant was retired due to physical disability.  He was credited with 1 year, 1 month, and 8 days of net service completed for pay purposes this period.  His DD Form 214 does not show he was awarded any additional awards or decorations during this period of service.

9.  Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided guidelines for the preparation of separation documents to include the WD AGO Form 53-55.  The manual provides a brief description of each entry made on the form.


   a.  The manual stated to enter in item 6 of the WD AGO Form 53-55 the last unit or similar element to which the applicant was assigned.
   
   b.  It also provided that awards and decorations awarded for actions during the period covered by the WD AGO Form 53-55 document would be entered in item 33 of this form.

10.  Army Regulation 600-8-22 (Military Awards) states 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.  Letter orders awarded the applicant the BSM.  Therefore, his 
WD AGO Form 53-55 should be corrected to show this award.

2.  Although there are numerous documents in the applicant's records that show he served in the 157th Infantry Regiment, 45th Infantry Division, his Certificate of Disability for Discharge, dated one day prior to his separation, shows his last permanent organization as Headquarters and Base Service Squadron, 531st Air Service Group.  Therefore, in accordance with the cited manual, his organization listed on his WD AGO Form 53-55 is correct as constituted.

3.  The available evidence shows the applicant served during a qualifying period for award of the World War II Victory Medal.

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 amending his WD AGO Form 53-55 to add the Bronze Star Medal and the World War II Victory Medal.
2.  The Board further determined that 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 changing his unit of assignment on his discharge document.



      ____________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)                                         AR20140014989





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ABCMR Record of Proceedings (cont)                                         AR20140014989



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