PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 August 2001
         DOCKET NUMBER: AR2001056170


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Fred N. Eichorn		Member
Ms. Gail J. Wire		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests that his unit of assignment be corrected on his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

3. The applicant states, in effect, that he was a member of the 250th Field Artillery Battalion, not the 809th Field Artillery Battalion.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he was inducted on 22 December 1942. He served as a truck driver (light) in the European Theater of Operations from 23 February 1944 to approximately 11 October 1945. The applicant was honorably discharged on 20 October 1945.

5. The applicant’s WD AGO Form 53-55 shows in item 6 (Organization) that he was assigned to Service Battery, 809th Field Artillery Battalion at the time of his separation.

6. A Sick Book entry provided by the National Archives and Records Administration indicates that the applicant was a member of the 250th Field Artillery Battalion during World War II.

7. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units which served during World War II. This document shows the unit to which the applicant was assigned, the 250th Field Artillery Battalion, received the Distinguished Unit Citation for actions during the period 16 November to 24 November 1944 by Department of the Army General Orders Number 28-49.

8. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the applicant’s unit received occupation credit for Germany for the period from 2 May to 19 October 1945. The Army of Occupation Medal (Germany Clasp) is not shown on the applicant’s discharge document.

9. The applicant’s WD AGO Form 53-55 shows he participated in four campaigns (Central Europe, Normandy, Northern France and Rhineland) during World War II and is entitled to the European-African-Middle Eastern Campaign Medal with four bronze service stars. However, Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register,
dated 6 July 1961, shows, among other information, campaign credit during



World War II. This document shows the applicant’s unit also received campaign credit for the Ardennes-Alsace Campaign (16 December 1944-25 January 1945). This campaign is not listed on his discharge document.

10. The applicant’s discharge document shows he served a period of qualifying service for award of the American Campaign Medal.

11. Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in item 6 (Organization) of the WD AGO Form 53-55. It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

13. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for
30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or
60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

CONCLUSIONS:

1. The applicant’s contention that he was a member of the 250th Field Artillery Battalion during World War II is supported by the evidence of record. Medical records show the applicant was a member of the 250th Field Artillery Battalion during his service in the European Theater of Operations.

2. Based on the foregoing, the Board concluded that the current entry in item
6 (Organization) on his WD AGO Form 53-55 listed the unit from which the applicant was separated, not the unit with which the applicant served in the European Theater of Operations during World War II. Therefore, the applicant is



entitled to correction of item 6 (Organization) on his WD AGO Form to show that he served in the 250th Field Artillery Battalion.

3. The applicant’s unit was cited for the Distinguished Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his discharge document to show this unit citation.

4. The applicant’s unit received occupation credit for Germany for the period from 2 May to 19 October 1945. Therefore, the applicant is entitled to correction of his discharge document to show award of the Army of Occupation Medal (Germany Clasp).

5. The applicant’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with four bronze service stars as an authorized award. However, evidence of record shows the applicant participated in five campaigns during World War II. Therefore, in accordance with the governing regulation, the applicant is entitled to the European-African-Middle Eastern Campaign Medal with one silver service star and correction of his DD Form 214 to show this award.

6. The applicant served a period of qualifying service for award of the American Campaign Medal. Therefore, he is entitled to correction of his discharge document to show this medal.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

         a. by deleting the entry “Service Btry 809th FA Bn” in item
6 (Organization) on the WD AGO Form 53-55 of the individual concerned;

         b. by adding the entry “250th Field Artillery Battalion” in item
6 (Organization) on his WD AGO Form 53-55;

         c. by deleting the entry “EAME Service Ribbon and Four Bronze Service Stars” in item 33 (Decorations and Citations) on the WD AGO Form 53-55; and






         d. by adding the entries “Distinguished Unit Citation”, “Army of Occupation Medal (Germany Clasp)”, “European-African-Middle Eastern Campaign Medal with one silver service star” and “American Campaign Medal” in item 33 (Decorations and Citations) on his WD AGO Form 53-55.

BOARD VOTE:

INW____ FNE____ GJW_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Irene N. Wheelwright____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001056170
SUFFIX
RECON
DATE BOARDED	20010809
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0000
3.
4.
5.
6.