IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005993 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 that his late grandfather's military records from the Indiana State Archives be validated in order to rebuild the former service member's (FSM) official military personnel file (OMPF). 2. The applicant states he is attempting to rebuild the FSM's OMPF in order to request a set of the FSM's service awards and decorations. The National Personnel Records Center (NPRC) has advised him that the FSM's records were lost or destroyed in the 1973 records repository fire. They will not recognize the documents obtained through the state archives unless they come through the Army. 3. The applicant provides copies of three documents showing kinship to the FSM, two NPRC letters, a Final Payment – Work Sheet, a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), and four pages of e-mails. 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. NPRC reports that the FSM's military records were lost or destroyed in the storage depot fire of 1973. Information herein was obtained from documents provided by the applicant and the Final Payment – Work Sheet. 3. The copy of WD AGO Form 53-55 provided bears three stamps of the State of Indiana, the first one is dated 22 November 1948, the second 26 December 1951, and the third is undated but states that the form is a true and accurate copy of a document on file with the Indiana State Archives. The form provides the following service information showing the FSM was – * inducted on 15 March 1943 * served on active duty from 22 March 1943 through 25 October 1945 * served in the European Theater from 18 October 1943 * departed Europe "Not Available"; arrived in the U.S. on 21 October 1943 * served in five campaigns: Normandy, Northern France, Rhineland, Central Europe, and Ardennes * wounded in Germany on 17 December 1944 while serving with 28th Infantry Division * award of the Combat Infantryman Badge (CIB), European-African-Middle Eastern Campaign Medal with five bronze service stars, Good Conduct Medal, Purple Heart, and the Honorable Service Lapel Button 4. The FSM's Final Payment – Work Sheet shows he was in receipt of Combat Infantry Pay. 5. Army Regulation 600-8-22 (Military Awards) provides that: a. The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during WWII. b. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. DISCUSSION AND CONCLUSIONS: 1. The available evidence is sufficient to accept that the WD AGO Form 53-55 provided is authentic and should be made a part of the FSM's reconstructed official military records. 2. Based on the FSM's receipt of the Combat Infantryman Badge, the FSM is authorized award of the Bronze Star Medal. 3. In addition to the awards shown on the WD AGO Form 53-55, the applicant is also authorized the World War II Victory Medal. 4. The available evidence does not contain sufficient information to determine if the FSM is entitled to any unit 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: a. including the WD AGO Form 53-55 provided by the State of Indiana in the reconstructed OMPF for the FSM; b. showing the FSM's authorized awards as the Bronze Star Medal, Purple Heart, Good Conduct Medal, European-African-Middle Eastern Campaign Medal with five bronze service stars, Combat Infantryman Badge, and the Honorable Service Lapel Button; and c. issuing the applicant a complete set of the FSM's awards and decorations. ____________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) AR20150005993 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005993 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1