IN THE CASE OF:
BOARD DATE: 29 September 2015
DOCKET NUMBER: AR20150002877
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 grandson of a deceased former service member (FSM), requests correction of his grandfather's WD AGO Form 53-55 (Enlisted Report and Report of Separation Honorable Discharge) to show the:
* American Campaign Medal
* World War II (WWII) Victory Medal
2. The applicant states, in effect, that these awards were omitted in error.
3. The applicant provides:
* FSMs birth and death certificate
* FSM's Honorable Discharge Certificate
* letter from the National Personnel Records Center (NPRC), dated 25 April 2013
* Information from the Hospital Admission Cards, Department of the Army, Surgeon General's Office, for the year 1944
* letter from NPRC, dated 16 November 2009
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 NPRC in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. His Honorable Discharge Certificate shows he was inducted into the Army of the United States on 6 January 1942 and entered active service on the same day. He held military occupational specialty 846 (Portable Plant Operator). On 22 September 1945, he was honorably discharged in the rank of corporal.
a. Item 32 (Battles and Campaigns) does not list any battles or campaigns.
b. Item 33 (Decorations and Citations) shows he was awarded the "American Defense Medal" and the Good Conduct Medal.
c. Item 36 (Service Outside Continental United States and Return) shows he served in the United States and the American Theater of Operations (ATO) as follows:
* United States 17 January to 2 March 1944, 21 September to 31 October 1944, 13 to 22 September 1945
* ATO 6 April 1942 to 17 January 1944, 5 March to 21 September 1944, and
1 November 1944 to 12 September 1945
d. Item 37 (Total Length of Service) shows he completed 5 months and 23 days of continental service and 3 years, 2 months, and 24 days of foreign service.
4. Army Regulation 600-8-22 (Military Awards) states:
a. The American Defense Service Medal is awarded for service between
8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.
b. The American Campaign Medal is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American theater of operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or
60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of 1 year.
c. The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION AND CONCLUSIONS:
1. The FSM served a qualifying period of service for award of the American Campaign Medal and the WWII Victory Medal; therefore, his Honorable Discharge Certificate should show these awards.
2. Item 33 of his Honorable Discharge Certificate shows he was awarded the "American Defense Medal" and this appears to be an administrative error because the ending date for this medal was 7 December 1941, prior to the day the applicant entered active duty. It is presumed that this entry was intended to be the American Campaign Medal.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 from item 33 of the FSMs WD AGO Form 53-55 the "American Defense Medal"
* adding to item 33 of the FSMs WD AGO Form 53-55 the:
* American Campaign Medal
* 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) AR20150002877
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