IN THE CASE OF: BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160004669 BOARD VOTE: ____x___ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160004669 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: a. adding award of the World War II Victory Medal to the former service member's WD AGO Form 53-55 for the period ending 31 October 1945 and b. adding award of the World War II Victory Medal to the former service member's DD Form 214 for the period ending 30 June 1968. _____________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. IN THE CASE OF: BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160004669 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 widow of a deceased former service member (FSM), requests correction of her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his World War II service awards, decorations, and commendations as shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge). 2. The applicant states: a. Her late husband's service in World War II was not acknowledged at his burial at the National Memorial Cemetery of the Pacific (Punchbowl Crater) on 17 August 2015. b. His DD Form 214 only shows his service after his reenlistment in 1948. His decorations, medals, and commendations from his World War II service are not annotated. 3. The applicant provides: * WD AGO Form 53-55 covering the period 2 June 1943 through 31 October 1945 * Honorable Discharge Certificate, dated 31 October 1945 * DD Form 214 covering the period 3 September 1950 through 30 June 1968 * Death Certificate * newspaper article from the Arkansas Democrat Gazette, dated 20 September 2015 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 was inducted into the Army of the United States on 18 June 1943. He was honorably discharged on 31 October 1945. 3. Item 33 (Decoration and Citations) of his WD AGO Form 53-55 shows he was awarded or authorized the following: * American Theater Ribbon (currently known as American Campaign Medal) * Asiatic-Pacific Theater Ribbon (currently known as Asiatic-Pacific Campaign Medal) with five bronze service stars * Army Good Conduct Medal * Air Medal with three bronze clusters 4. His DA Form 66 (Officer Qualification Record) shows he was appointed as a second lieutenant in the National Guard of the United States on 13 February 1948. Item 21 (Decorations and Awards) shows he was awarded or authorized the following: * Air Medal with 5th Oak Leaf Cluster (OLC) * Distinguished Flying Cross * Army of Occupation Medal (Germany) * National Defense Service Medal * Army Good Conduct Medal * American Campaign Medal * Asiatic-Pacific Campaign Medal with five bronze service stars * Senior Army Aviator Badge * Parachutist Badge * Commendation Ribbon with Metal Pendant (currently known as Army Commendation Medal) * Armed Forces Expeditionary Medal * Air Medal with 6th OLC * Army Commendation Medal with 1st OLC * Master Army Aviation Badge * National Defense Service Medal with 1st OLC * Army Commendation Medal with 2nd OLC * Armed Forces Reserve Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar 5. His DD Form 214 shows he entered this period of active duty on 3 September 1950 and he retired on 30 June 1968. He completed 22 years, 9 months, and 1 day of total active service. a. Item 22c (Foreign and/or Sea Service) shows he completed 10 years, 1 month, and 27 days of foreign service. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not reflect he was awarded or authorized the World War II Victory Medal. It shows he was awarded or authorized the: * Army Commendation Medal with 2nd OLC * Master Army Aviator Badge * Armed Forces Reserve Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar * Senior Army Aviation Badge * Parachutist Badge * Commendation Ribbon with Metal Pendant (currently known as Army Commendation Medal) * Armed Forces Expeditionary Medal * Air Medal with 6th OLC * Distinguished Flying Cross * Army of Occupation Medal (Germany) * American Campaign Medal * National Defense Service Medal with 1st OLC * Army Good Conduct Medal (1st Award) * Asiatic-Pacific Campaign Medal with five bronze service stars 6. The applicant provided the FSM's obituary from the Arkansas Democrat Gazette, dated 20 September 2015, which describes the FSM's numerous military accomplishments over a distinguished career, to include his service during World War II and his receipt of the Distinguished Flying Cross and the Air Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army and established standardized policy for preparing and distributing the DD Form 214. a. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. b. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. c. The specific instructions for item 24 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from item 21 of the DA Form 66 or section 9 of the DA Form 20 (Enlisted Qualification Record), omitting authorities cited therein. DISCUSSION: The FSM served a qualifying period for award of the World War II Victory Medal. Neither his WD AGO Form 53-55 nor his DD Form 214 shows this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004669 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004669 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2