Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003087381C070212
Original file (2003087381C070212.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 23 September 2003
         DOCKET NUMBER: AR2003087381


         I certify that hereinafter is recorded the record of consideration 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. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Mr. Patrick H. McGann Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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

APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to include North Africa in item 32 (Battles and Campaign) and one additional bronze service star to be affixed to the European-African-Middle Eastern Campaign Medal in item 33 (Decorations and Citations).

APPLICANT STATES: In effect, that he is entitled to one additional bronze service star for the North African Campaign.

COUNSEL: The American Legion, as counsel for the applicant, notes that the applicant provided a six-page journal which includes a retired colonel's personal account of the actions of the 261st Medical Battalion from its activation on
15 June 1942 to its deactivation and disbanding on 28 January 1945. The account describes the maneuvers of this unit and its redesignation as the 98th Battalion. Counsel points out that the personal account describes the service locations of the unit but is not authenticated; however, it is supported by a previous news letter submitted by the applicant for the same award. Counsel also points out that the 1st Engineer Special Brigade Association Newsletter, dated July 1994 lists the 261st Medical Battalion as part of the 531st Engineer Shore Regiment and illustrates Africa as part of the letterhead.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the consideration of Docket Number AR1999032453 by the Army Board for Correction of Military Records (ABCMR) on 3 August 2000.

On 12 October 2000, a request for reconsideration was considered and denied by the ABCMR (Docket Number AR2000046661).

On 18 April 2001, a request for reconsideration was reviewed by the ABCMR and the staff determined that the applicant had not provided any new evidence and his request was closed without action.

The applicant submits an excerpt from the First Reunion Journal of the 261st Medical Battalion, dated 1989, which contains personal observations of a retired colonel. The applicant has highlighted a caption which reads, "We are entitled to 5 battle stars, and arrowhead an unit citation." The excerpt indicates that the 261st Medical Battalion served in North Africa in the following locations, Arzew, Algeria, Tunis, and Tunisia. However, this excerpt also shows that the 261st Medical Battalion was awarded campaign credit for Sicily, Naples-Foggia, Rome-Arno, Normandy, and Northern France.

The applicant’s submission is new evidence and will be considered by the Board.

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) dated 6 July 1961, shows, among other information, campaign credit during World War II. This document shows that the 261st Medical Battalion was awarded campaign credit for Naples-Foggia, Normandy, Northern France, Rome-Armo, and Sicily.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The Board considered the applicant's contention that he is entitled to one additional bronze service star for the North African Campaign. The Board also reviewed the excerpt provided in support of his claim which indicated the 261st Medical Battalion served in North Africa. However, the Board noted that this excerpt shows the 261st Medical Battalion was not awarded campaign credit for an African campaign. In addition, Department of the Army Pamphlet 672-1 shows that the 261st Medical Battalion was awarded campaign credit for Naples-Foggia, Normandy, Northern France, Rome-Arno, and Sicily. The applicant may very well have been in North Africa, but he is not entitled to campaign credit for an African campaign merely by having served with the 261st Medical Battalion. Based on the foregoing, the Board determined that there is insufficient evidence on which to amend items 32 or 33 on the applicant's WD AGO Form 53-55.

3. After review of all the evidence in this case and the latest submission, the Board concluded the applicant has presented no argument or evidence which is sufficient to reverse the previous decisions rendered by the ABCMR in AR1999032453 on 3 August 2000 or AR2000046661 on 12 October 2000.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE
:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

JLP____ AAO____ PHM_____ DENY APPLICATION



         Carl W. S. Chun

Director, Army Board for Correction
         of Military Records



INDEX

CASE ID AR2003087381
SUFFIX
RECON Yes
DATE BOARDED 20030923
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.0000
2. 107.0000
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2003 | 2003084192C070212

    Original file (2003084192C070212.rtf) Auto-classification: Approved

    The applicant requests reconsideration of his previous request, in effect, that he be given credit for the Anzio Campaign and assault landing credit for landings on North Africa and Sicily and that they be added to his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge. The applicant's service personnel record shows that he was inducted into the Army of the United States on 2 January 1943. The Board further determined that the evidence presented is...

  • ARMY | BCMR | CY2008 | 20080009967

    Original file (20080009967.txt) Auto-classification: Approved

    The applicant requests reconsideration of his earlier request for correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show a bronze arrowhead and a fifth bronze service star on his European-African-Middle Eastern Campaign Medal. 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...

  • ARMY | BCMR | CY2002 | 2002075353C070403

    Original file (2002075353C070403.rtf) Auto-classification: Denied

    Evidence of record shows the applicant received campaign credit for the Naples-Foggia Campaign; therefore, this portion of the applicant’s request for campaign credit for “Naples” will not be discussed further in this Memorandum of Consideration. Evidence of record also shows that the applicant’s records were corrected to show award of the EAME Campaign Medal with four bronze service stars as evidenced by the DD Form 215, dated 24 March 1994. There is no evidence of record available to the...

  • ARMY | BCMR | CY2002 | 2002068783C070402

    Original file (2002068783C070402.rtf) Auto-classification: Approved

    The WD AGO Form 53-55 also confirms that the applicant served in the ETO, from 10 May 1943 to 7 September 1945, and that he participated in the Naples-Foggia, Sicily, Rome-Arno, Normandy, Rhineland, Ardennes, and Central Europe campaigns of World War II. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. That all of the Department of the Army records related to this case be corrected by showing...

  • ARMY | BCMR | CY2001 | 2001057292C070420

    Original file (2001057292C070420.rtf) Auto-classification: Approved

    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. Army Regulation 15-185 governs operations of the Army Board for Correction of Military Records (ABCMR). The Board noted the applicant’s contentions regarding his participation in the liberation of France; however, there is no evidence available to the Board which shows the applicant’s unit received campaign...

  • ARMY | BCMR | CY2004 | 2004100616C070208

    Original file (2004100616C070208.doc) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO and a silver service star is used in lieu of 5 bronze service stars; and a bronze arrowhead is authorized to denote assault landing credit. The evidence also confirms the applicant received two awards of the Bronze Star Medal.

  • ARMY | BCMR | CY2007 | 20070016005

    Original file (20070016005.txt) Auto-classification: Approved

    The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a letter, dated 11 August 2007, from a member of his unit at the time in question. His WD AGO Form 53-55 shows the American Defense Service Medal and the European-African-Middle Eastern Campaign Medal with four bronze service stars as authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the World War II Victory...

  • ARMY | BCMR | CY2001 | 2001060778C070421

    Original file (2001060778C070421.rtf) Auto-classification: Approved

    He indicates that he received numerous military awards to include the Silver Star and Bronze Star Medals; that he served in combat as an infantry platoon sergeant for 200 days; and that he participated in the Naples-Foggia and Rome-Arno campaigns of World War II. The evidence of record confirms that the applicant served as a SSG on active duty for almost 4 years and that his combat service in the ETO was exemplary and heroic as evidenced by the awards and decorations he received, which...

  • ARMY | BCMR | CY2014 | 20140019441

    Original file (20140019441.txt) Auto-classification: Approved

    The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to add: * two missing campaigns (Sicily and Anzio) * two additional bronze service stars to his previously awarded European-African-Middle Eastern Campaign Medal with "5" bronze service stars * two additional awards of the Purple Heart * Army of Occupation Medal (Germany) * American Campaign Medal 2. ...

  • ARMY | BCMR | CY2003 | 03095774C070212

    Original file (03095774C070212.rtf) Auto-classification: Denied

    He was discharged on 29 July 1945. However, in view of the fact that the board was not established until 2 January 1947 the applicant’s 3 year period in which to file an application for correction of military records expired on 2 January 1950, 3 years from the date the Board was established. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.