IN THE CASE OF: BOARD DATE: 18 September 2012 DOCKET NUMBER: AR20120005591 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 the European-African-Middle Eastern (EAME) Campaign Medal. 2. The applicant states he actually received the ribbon while in service and only recently noticed it is not listed on his discharge papers. 3. The applicant provides a copy of 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. The applicant's military record is not available to the Board 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. This case is being considered using the applicant's WD AGO Form 53-55 and the document he submitted. 3. The applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States and entered active service on 15 June 1945. It shows he departed the United States on 17 November 1945 and he arrived in the European Theater of Operations (ETO) on 25 November 1945. He served in the ETO until departing on 10 October 1946 and arriving back in the United States on 19 October 1946. The applicant's WD AGO Form 53-55 further shows he was honorably discharged for the convenience of the Government at demobilization on 29 November 1946, in the rank of Technician Five. He completed 1 year, 5 months, and 19 days of total active service. His WD AGO Form 53-55 shows award of the Army of Occupation Medal and the World War II Victory Medal. 4. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 5-13 contains guidance on award of the European-African-Middle Eastern Campaign Medal. It states it is awarded for service in the ETO between 7 December 1941 and 8 November 1945. DISCUSSION AND CONCLUSIONS: The applicant's request for correction of his WD AGO Form 53-55 to show the European-African-Middle Eastern Campaign Medal has been carefully considered. However, by regulation, this campaign medal is authorized for service in the ETO between 7 December 1941 and 8 November 1945. The applicant's WD AGO Form 53-55 confirms he did not depart for the ETO until 17 November 1945, subsequent to the period for which this award is authorized. As a result, there is an insufficient evidentiary basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ ____X____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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) AR20120005725 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005591 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1