IN THE CASE OF:	  

		BOARD DATE:	  13 October 2015

		DOCKET NUMBER:  AR20150003376 


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 son of a deceased former service member (FSM), requests correction of his father's records to show all awards to which he is entitled.  

2.  The applicant states he would like to obtain a copy of his father's service records and an honorable discharge certificate, suitable for framing.  He is also trying to obtain replacement certificates, ribbons, badges, patches, pins, and medals.

3.  The applicant provides:

* Certificate of Birth
* Certificate of Death
* 5-page Military Award Authorization Report
* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – 
       Honorable Discharge)
* FSM's WD AGO Form 100 (Army Separation Qualification Record)
* FSM's Honorable Discharge 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 FSM's complete military 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 his records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  Replacement 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, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

4.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered into active service on 12 December 1942.  His military occupational specialty was 844 (Gun Crewman Light Artillery).  His final unit of assignment was with Company M, 394th Infantry Regiment.  He was honorably discharged on 8 October 1945 at demobilization after completing 2 years, 10 months, and 4 days of total active service.  He held the rank of private first class on the date of his separation.

5.  The FSM's WD AGO Form 53-55 shows in:

	a.  Item 31 (Military Qualification and Date (i.e., infantry, aviation and marksmanship badges, etc.)) he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

   b.  item 32 (Battles and Campaigns) he served in the following five campaigns:
   
* Central Europe
* Ardennes
* Rhineland
* Normandy
* Northern France

   c.  Item 33 (Decorations and Citations) he was awarded the European-African-Middle Eastern (EAME) Campaign Medal with 5 bronze service stars.
	
   d.  Item 36 (Service Outside Continental U.S. (CONUS) and Return) he:

* arrived in the EAME Theater of Operations (EAMETO) on                  23 February 1944
* departed the EAMETO on 19 September 1945
* arrived in CONUS on 29 September 1945

	e.  Item 55 (Remarks) he was issued the Lapel Button and obtained an Army Service Ribbon Score of 77 on 2 September 1945.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 394th Infantry Regiment was cited for award of the:

   a.  Belgian Fourrager by Department of the Army General Order 43-50, for the periods 18 November to 16 December 1944 and 16 December 1944 to       20 February 1945.

   b.  Army of Occupation Medal with Germany Clasp for service between 2 May to 4 September 1945.   

7.  Army Regulation 600-8-22 (Military Awards) states for award of the:

   a.  Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the EAME Campaign Medal was awarded for service before 9 May 1945. 

   b.  EAME Campaign Medal, a bronze service star is authorized with this award for each campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.

	c.  World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	d.  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.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's unit was cited for the Belgian Fourragere during his period of assignment.  

2.  The available evidence shows the FSM served a qualifying period for award of the Army of Occupation Medal with Germany Clasp.  

3.  The available evidence shows the FSM served during a qualifying period for entitlement to the WWII Victory Medal and the American Campaign Medal.  

4.  Records show that the FSM was awarded the EAME Campaign Medal.  Records also show that he participated in five campaigns during his service in the EAMETO.  Therefore, it would be appropriate to correct his WD AGO 53-55 to show he is entitled to one silver service star to be affixed to his previously-awarded EAME 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 the EAME Campaign Medal with 5 bronze service stars from       item 33 of his WD AGO Form 53-55; and

	b.  adding the EAME Campaign Medal with 1 silver service star, Belgian Fourragere, Army of Occupation Medal with Germany Clasp, WWII Victory Medal, and American Campaign Medal to item 33 of 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)                                         AR20150003376



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150003376



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1