IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004164 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 former service member (FSM), requests award of the American Campaign Medal and World War II Victory Medal on behalf of the FSM. 2. The applicant states his grandfather was stationed in Panama from 2 September through 24 November 1942. He was honorably discharged on 13 January 1943. His grandfather was not awarded the American Campaign Medal and World War II Victory Medal because his discharge date was prior to the authorization and issuance of these awards. 3. The applicant provides copies of the FSM's reconstructed military records obtained from the National Personnel Records Center (NPRC), the FSM's death certificate and his (applicant) and his father's birth certificates. 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. 2. The FSM's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the NPRC in 1973. It is believed his records were destroyed in that fire. However, there is sufficient documentation contained in a reconstructed record and that submitted by the applicant for the Board to conduct a fair and impartial review of this case. 3. The FSM's WD AGO Form 55 (Honorable Discharge from the Army of the United States) shows he was inducted on 7 August 1942 and he entered active duty on 21 August 1942. He completed 5 months and 7 days of active service. He returned to the United States from foreign service on 24 November 1942. The entry "None" is listed for decorations, service medals, citations and for battles, engagements, skirmishes or expeditions. He was not wounded in service. 4. The FSM's available records contain and the applicant provided copies of the following: * WD AGO Form 370 (Final Statement) showing the FSM was due a 20 percent increase in base pay from 2 September through 24 November 1942 (date of arrival in the United States) * Hospital Admission Cards created by the Office of The Surgeon General (OTSG) of the Army for the year 1943. This record shows the FSM, while serving in Panama, was diagnosed with hereditary ataxia in November 1942. His disposition was discharge for disability on 13 January 1943. 5. The FSM was honorably discharged on 13 January 1943. 6. The OTSG (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape. In 1988, the National Research Council made these tape files available to the NPRC. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions. 8. Army Regulation 600-8-22 (Military Awards) states the: a. American Campaign Medal (established on 15 March 1946) is awarded for qualifying service in the American theater between 7 December 1941 and 2 March 1946. This includes permanent assignment outside the continental United States but within the American theater of operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days. b. World War II Victory Medal (established on 6 July 1945) is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. DISCUSSION AND CONCLUSIONS: 1. The FSM entered active duty on 21 August 1942. He served outside the continental United States in Panama from 2 September through 24 November 1942. He was honorably discharged by reason disability on 13 January 1943. 2. The FSM completed a qualifying period of service for award of the American Campaign Medal and World War II Victory Medal. His WD AGO Form 55 does not list these awards. 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 deleting the entry "None" from the decorations, service medals, citation line of his WD AGO Form 55 and adding the American Campaign Medal and 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) AR20150004164 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004164 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1