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ARMY | BCMR | CY2003 | 2003091197C070212
Original file (2003091197C070212.rtf) Auto-classification: Approved




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: FEBRUARY 12, 2004
         DOCKET NUMBER: AR2003091197


         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
Mr. Jessie B. Strickland Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Mr. Robert J. Osborn Member
Mr. Lester Echols 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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his report of separation (WD AGO Form 53-55) be corrected to reflect his award of the Bronze Arrowhead.

2. The applicant states that he was assigned to C Battery, 58th Armored Field Artillery Battalion and made an assault landing on Omaha Beach on 6 June 1944, for which he was awarded a Bronze Arrowhead. However, his WD AGO Form 53-55 does not reflect that award.

3. The applicant provides a copy of his WDAGO Form 53-55 and a page from his unit's history.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 2 July 1945. The application submitted in this case is dated 9 May 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.

3. The applicant's military records are not available to the Board for review. A fire destroyed 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 was inducted on 28 June 1941 and departed for the European-African-Middle Eastern (EAME) theater of operations on 2 November 1942. He was assigned to C Battery, 58th Armored Field Artillery Battalion for duty as a light artillery gun crewman. He participated in the Ardennes, Central Europe, Normandy, Northern France, Rhineland, Sicily and Tunisia campaigns and was promoted to the rank of sergeant.

5. He departed the EAME theater of operations on 20 June 1945 and was transferred to Fort Dix, New Jersey, where he was honorably discharged on 2 July 1945. He was awarded the American Defense Service Medal, the EAME Service Medal with one silver and two bronze service stars, the Good Conduct Medal, the Army Lapel Button, the Soldiers Medal and the Bronze Star Medal.

6. In August 2001, the National Personnel Records Center authorized the issuance of the World War II (WWII) Victory Medal to the applicant. However, there is no indication that it was ever added to his WD AGO Form 53-55.

7. Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register-WWII Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII.

8. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that War Department General Order (DAGO) 70-45, awarded the Bronze Arrowhead to the 58th Armored Field Artillery Battalion for an assault landing (Normandy) during the period of 6 to 7 June 1944. Department of the Army General Order 43-50 awarded the unit the French Croix de Guerre for its actions on 6 June 1944.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record clearly shows that the applicant is entitled to be awarded the Bronze Arrowhead and to have it reflected on his records.

2. Additionally, he is entitled to have his records corrected to reflect his entitlement to awards of the WWII Victory Medal and the French Croix de Guerre.

3. Accordingly, the evidence suggests that it would be in the interest of justice to do so at this time.

BOARD VOTE:

Jl ______ rjo______ le ______ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual concerned the Bronze Arrowhead and by showing his entitlement to that award as well as the WWII Victory Medal and the French Croix de Guerre.





                  ____Joann Langston____
                  CHAIRPERSON





INDEX

CASE ID AR2003091197
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040212
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 189 110.0000/corr 214
2. 112 107.0066/wwii v/mdl
3. 46 107.0000/French croix de guerre
4. 46 107.0000/bronze arrowheadi
5.
6.


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