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ARMY | BCMR | CY2014 | 20140019677
Original file (20140019677.txt) Auto-classification: Approved

		
		BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20140019677 


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 the deceased former service member (FSM), requests correction of the FSM's records to show award of the Parachutist Badge, all other awards authorized for his military service, and issuance of his medals.

2.  The applicant states that the FSM served during World War II.  He attended Parachute School at Fort Benning, GA, and he served as a medic while assigned to the 222nd Airborne Medical Company.  She adds the FSM was a paratrooper and he attained the rank of sergeant.

3.  The applicant provides copies of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).  She also provides a copy of a VA Form 21-530 (Application for Burial Benefits Discharge) that shows the FSM died on 23 October 1982; a Connecticut State Department of Health, Certificate of Birth, that, in pertinent part, lists the FSM as her father; and her Connecticut Driver License.

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 military service 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 that the FSM's records were lost or destroyed in that fire.  However, the FSM's WD AGO Form 53-55 offers sufficient evidence for the Board 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 28 July 1942.  He entered active duty on 11 August 1942 and was honorably discharged on 11 November 1945 for the convenience of the government based on demobilization.  He had completed 2 years, 8 months, and 3 days of continental service; 6 months and 28 days of foreign service; and 3 years, 3 months, and 13 days of total service for pay.  It also shows in –

* item 3 (Grade):  Sergeant
* item 6 (Organization):  222nd Airborne Medical Company
* item 30 (Military Occupational Specialty and Number):  Medical Noncommissioned Officer (NCO), 673
* item 31 (Military Qualification and Date):  "Unknown"
* item 32 (Battles and Campaigns):  Central Europe
* item 33 (Decorations and Citations) –

* Army Good Conduct Medal
* World War II Victory Medal
* European-African-Middle Eastern Campaign Medal
* American Campaign Medal

* item 36 (Service Outside Continental United States (CONUS) and Return) –

* CONUS – departed 2 January 1945
* European Theater of Operations (ETO) –

* arrived 6 February 1945
* departed 4 August 1945

* CONUS – arrived 23 August 1945
* item 38 (Highest Grade Held):  Sergeant
* item 41 (Service Schools Attended):  Parachute School, Fort Benning, GA

4.  There is no evidence in the available military service records that shows the FSM was awarded the Parachutist Badge.

5.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It shows that award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

6.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain the FSM's medals by submitting a request in writing to:  
National Personnel Records Center, 1 Archives Drive, St. Louis, Missouri  63138.
The applicant can find additional information on the NPRC website at http://www.archives.gov/st-louis/military-personnel/.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's records should be corrected to show all of his authorized awards.

2.  The evidence of record shows the FSM attended Parachute School at Fort Benning, GA; he served as a medical NCO in the ETO from 6 February to 
4 August 1945; and he was assigned to the 222nd Airborne Medical Company. 

   a.  Based on the evidence of record, it is concluded that the FSM satisfactorily completed the requirements to be rated and qualified as a parachutist.

   b.  Thus, it would be appropriate at this time to correct the FSM's records to show he was awarded the Parachutist Badge.

3.  The evidence of record shows the FSM was awarded the Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal with 1 Bronze Service (Campaign) Star, American Campaign Medal, and World War II Victory Medal.  It also shows he is entitled to award of the Parachutist Badge.

4.  A review of the available evidence of record fails show the FSM is authorized any additional awards or decorations for the period of service under review.

5.  Therefore, in view of the foregoing, it would be appropriate to correct the FSM's WD AGO Form 53-55, as recommended below.

BOARD VOTE:

____X____  _X_______  __X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 31 of his WD AGO Form 53-55 and adding the entry, "Parachutist Badge, 31 December 1944."

2.  The Board wants the applicant and all others to know the sacrifices the former service member made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20140019677



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ABCMR Record of Proceedings (cont)                                         AR20140019677



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