ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 August 2019 DOCKET NUMBER: AR20180004589 APPLICANT REQUESTS: reconsideration to: * Add in his foreign service time * Issue medals he never received APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Reference Letter * Newspaper article * Newspaper article 2 * Newspaper article 3 * Photo * Award certificate not able to read (illegible) * Letter from Italy to his mother * Master index card * WD AGO Form53-55 (illegible) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150017115 on 23 March 2017. 2. The applicant representative states, the applicant is a lovely gentleman, who is exceptionally clear headed for 95 years of age and communicates eloquently. He only wants to get his medals and recognition for his time of service in Italy between 1944-1946. When he returned back to the United States, he never received his medals and feels that a huge injustice has been done to him. He has been turned down before but if this could go through for him, it would be a monumental moment in his life. Please consider carefully. 3. The applicant provides: a. A reference letter from X____ dated 8 October 2015 which states, in effect, he had the privilege of knowing the applicant for 30 years. He found it rather disturbing that the applicant was not given any credit for his foreign service during the period 30 June 1944 to 31 December 1946. The applicant was told his prior service records were destroyed in a fire in 1973. The applicant vividly described his service in Europe. b. Newspaper article, titled WWII veteran seeks honors he says are owed to him. c. Newspaper article, stating he was serving in Italy at the time of this article was written. d. Newspaper article, stating he was serving in Italy at the time of this article was written. e. Photo of the applicant holding a book which states. The men and women in World War II from Fannin County. f. Award Certificate, not legible g. Letter to his mother from overseas address h. Master Index card I. WD AGO Form 53-55 (Enlisted Record and Report of Separation) (not legible) 4. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 21 January 1946. b. There was a fire at the National Personnel Records Center (NPRC) on 12 July 1973. The fire destroyed the major portion of the records of Army military personnel for the period 1912 through 1959. NPRC believes the applicant’s records were lost or destroyed in that fire. Fortunately, there are alternative records sources that often contain information, which NPRC uses to reconstruct service record data. The majority of the applicant's records are not available for review. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. c. However, his WD AGO Form 53-55 for the period ending 31 December 1946 shows: * Block 7 the applicant was honorably discharge on 31 December 1946 * Block 24 his date of entry into active service was 30 June 1944 * Block 33 He was awarded the World War II Victory Medal * Block 37 no foreign service * Block 37 he completed 10 months and 16 days of continental service * Block 39 he completed 1 year, 6 months and 12 days of prior service * Block 55 Lapel button issued 5. On 28 March, 2017, board docket number AR20150017115. The Army Board of Corrections of Military denied his request. His WD AGO Form 53-55 covering his prior service beginning on 30 June 1944 was not available for review. Administrative regularity must be presumed. In the absence of evidence showing otherwise, it must be presumed the WD AGO Form 53-55 for that period accurately reflected his 1944-1945 foreign service and authorized awards and decorations. 6. By regulation 15-185 (Army Board for Correction of Military Records) prescribes policies and procedures for correction of military records by the Secretary of the Army acting through the ABMCR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments 8. War Department Technical Manual Technical Manual 12-235 (enlisted Personnel Discharge Procedures and preparation of Separation Forms), in effect at the time. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions and letters of support were carefully considered. Unfortunately, there is no record of his military service from 30 June 1944 through his enlistment/reenlistment in the Army on 21 January 1946. However, regulatory guidance provides that awards and decoration authorized during previous periods of service are placed on separation documents for subsequent periods of service. In this case, his contested wartime time service would not have shown on the WD AGO 53-55 for the period ending 31 December 1946 since the tour was before the period covered by the form. However, if he was authorized awards during the previous period, those awards would have been reflected on both separation documents. Based upon the preponderance of evidence, the Board agreed not to amend the previous Board’s decision. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20150017115 on 23 March 2017. 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. REFERENCES: 1. By regulation 15-185 (Army Board for Correction of Military Records) prescribes policies and procedures for correction of military records by the Secretary of the Army acting through the ABMCR. The ABMCR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments 3. War Department Technical Manual Technical Manual 12-235 (enlisted Personnel Discharge Procedures and preparation of Separation Forms), in effect at the time, stated all entries on this form except items 39 (Prior Service) and 43 (longevity for Pay purposes) apply only to the current period of active duty. Instructions for item 37 stated to enter the length of the current period of active duty as represented by continental service and foreign service, less any time lost. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004589 4 1