RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 20 NOVEMBER 2003
         DOCKET NUMBER: AR2003086107


         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Ms. Linda D. Simmons		Member
Mr. Robert L. Duecaster		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his assignment with the 759^th Tank Battalion in Iceland be reflected on his separation document and that he be awarded a decoration for his service in Iceland. He also requests that his participation in “D-Day” be reflected on his separation document.

2. The applicant states, in effect, that he was assigned to the 759^th Tank Battalion in Iceland between August 1942 and May 1944 before being assigned to the 562^nd Quartermaster Railhead Company and participating in “D-Day.” He states that he was suppose to receive an “Icelandic Medal” as a result of his tour of duty in Iceland and that his service in Iceland is not recorded on his separation document.

3. The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 5 June 1945. The application submitted in this case is dated 25 February 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. However, in view of the fact that the board was not established until 2 January 1947 the 3 year period in which to file an application for correction of military records expired 3 years from the date the Board was established.

3. The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

4. The applicant entered active duty on 11 September 1941 and served in the European Theater of Operations, which included Iceland, between August 1942 and the spring of 1945. His separation document indicates that he returned to the United States in April 1945 and was honorably discharged as a result of demobilization on 5 June 1945.
5. The applicant’s separation document indicates that he was assigned to the 562^nd Quartermaster Railhead Company. His participation in three designated campaigns (Normandy, Northern France, and Germany) while in the European Theater of Operations is reflected in item 32 (battles and campaigns) on his separation document.

6. In addition to the European-African-Middle Eastern Campaign Medal, the applicant was also awarded the American Defense Medal and the Army Good Conduct Medal.

7. A review of historical files maintained at the National Archives in College Park, Maryland, confirmed that the applicant was a member of the 759^th Tank Battalion in the fall of 1943 when he qualified as a marksman with the M-1 rifle.

8. Technical Manual 12-235, which prescribed the policy and procedures 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 a part while moving to a separation activity will be entered in item 6 (organization) of the War Department Adjutant General Office Form 53-55. There were no provisions for recording all of the units an individual may have been assigned to during his military service.

9. A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the applicant’s unit (562^nd Quartermaster Railhead Company) was credited with participating in the Normandy campaign, often referred to as D-Day, the Northern France campaign, Rhineland campaign, which appears to have been recorded as the “Germany” campaign on the applicant’s separation document, and the Central Europe campaign. His campaign participation should be reflected by four bronze service stars on his European-African-Middle Eastern Campaign Medal.

10. The pamphlet also indicates that the applicant’s unit was awarded the French Croix de Guerre and credited with an assault landing at Normandy. A bronze arrowhead on his campaign medal should reflect his assault landing.

11. The pamphlet does not indicate that the 759^th Tank Battalion received any decorations during the period the applicant states he was assigned to that organization (August 1942-May 1944).

DISCUSSION AND CONCLUSIONS:

1. Although evidence available to the Board does confirm that the applicant was assigned to the 759^th Tank Battalion during his military service, there are no provisions for recording that information on his separation document. Only an individual’s last unit of assignment is recorded on the separation document.
2. There was no medal awarded specifically for service in Iceland, rather, the applicant’s entitlement to the European-African-Middle Eastern Campaign Medal would have encompassed his duty in Iceland.

3. There are no provisions for recording each country an individual may have served in, on their separation document. That information would have been recorded in the individual’s personnel file. The applicant may be under the impression that the information contained in item 6 on his separation document reflects locations where he served, when in actuality those are campaigns he would have participated in.

4. The applicant’s participation in D-Day is reflected by the Normandy campaign listed in item 6 on his separation document.

5. Records show the applicant should have discovered the error or injustice now under consideration on 5 June 1945; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 January 1950. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file.

6. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__JLL __ __LDS __ __RLD __ DENY APPLICATION

1. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.

2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the ARBA Support Division-St. Louis administratively correct the records of the individual concerned to show that he participated in the Normandy, Northern France, Central Europe and Rhineland (vice Germany) campaigns, that he is entitled to four bronze service stars and a bronze arrowhead on his European-African-Middle Eastern Campaign Medal, and that he is entitled to the French Croix de Guerre.



                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086107
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031120
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.00
2.	110.00
3.
4.
5.
6.