RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2005
      DOCKET NUMBER:  AR20050017105


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. Taylor             |     |Member               |

      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 correction of her late husband's, a former
service member (FSM), separation document to show award of the Bronze Star
Medal, the American Campaign Medal, the Army of Occupation Medal, and the
Basic Parachutists Badge with two jump stars [correctly known as the
Parachutist Badge – Basic with two bronze service stars].

2.  The applicant states, in effect, that the awards are not shown on the
FSM's separation document.

3.  The applicant provides a copy of the FSM's WD AGO Form 53-55 (Enlisted
Record and Report of Separation – Honorable Discharge); a two-page self-
authored letter; a New Jersey State Department of Health Certificate of
Death; and background information from the internet regarding the Bronze
Star Medal, the American Campaign Medal, the Army of Occupation Medal WWII,
Parachutists Badges and the 508th Odyssey in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 September 1945, the date of the FSM's separation.  The
application submitted in this case was received on 1 December 2005.

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



4.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army on
3 April 1941 and was assigned to the 508th Parachute Infantry Regiment of
the 82nd Airborne Division.  This form also shows the FSM was honorably
discharged on 21 September 1945.

5.  The WD AGO Form 53-55 further shows that the FSM served in European
Theater of Operations during the period 28 December 1943 through 5
September 1945.

6.  The FSM's WD AGO Form 53-55 does not show award of the Bronze Star
Medal, the American Campaign Medal, the Army of Occupation Medal, and the
Parachutist Badge – Basic with two bronze service stars.

7.  Item 31 (Military Qualification and Date) of the FSM's WD AGO Form 53-
55 shows he was awarded the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Bronze Star Medal is awarded for heroism and for meritorious
achievement or service in military operations against an armed enemy.  The
Bronze Star Medal is authorized for each individual who was cited in orders
or awarded a certificate for exemplary conduct in ground combat between
7 December 1941 and 2 September 1945 or whose achievement or service,
during that period, was confirmed by documents executed prior to 1 July
1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge
is considered to be a citation in orders.  Therefore, the Bronze Star Medal
is to be awarded to individuals who were authorized either badge for
service during World War II.

9.  Item 37 (Total Length of Service) of the FSM's WD AGO Form 53-55 shows
he served a total of 2 years, 8 months, and 24 days of continental service.


10.  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 for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, 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.
11.  Department of the Army Pamphlet 672-1(Unit Citation and Campaign
Participation Credit Register) lists unit citations, foreign awards and
occupation credit that units received during World War II.  While the
applicant was assigned to the 508th Parachute Infantry of the 82nd Airborne
Division, the unit received occupation credit for service in Germany for
the period 15 August through 31 October 1945.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of
Occupation Medal is awarded for service of thirty consecutive days at a
normal post of duty in a qualifying location.  Personnel at a qualifying
location as an inspector, courier, and escort on temporary or detached duty
are precluded from eligibility.  For award of the Army of Occupation Medal
with Germany Clasp, qualifying service must have occurred between 9 May
1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal
must have been awarded prior to 9 May 1945.

13.  Item 41 (Service Schools Attended) of the FSM's WD AGO Form 53-55
shows he attended and completed a course at the Infantry Parachute School
in 1942.

14.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the basic Parachutist Badge.  Award of the basic Parachutist
Badge requires that an individual must have satisfactorily completed the
prescribed proficiency tests while assigned or attached to an airborne unit
or the Airborne Department of the Infantry School, or have participated in
at least one combat parachute jump.

15.  Organizational history of the 508th Parachute Infantry Regiment shows
that during the FSM's assignment, the unit participated in airborne
assaults in Operation "Neptune" on D-Day and Operation Market Garden.

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star to be worn on the Parachutist Badges to denote a
Soldier's participation in a combat parachute jump.

17.  Review of the FSM's records indicates that he is entitled to
additional awards that are not shown on his WD AGO Form 53-55.





18.  Department of the Army Pamphlet 672-1 shows that, at the time of the
FSM's assignment to the 508th Parachute Infantry Regiment, the unit was
cited for award of the French Fourragere for actions during the periods 5 –
6 June 1944 and 6 – 20 June 1944; the Netherlands Orange Lanyard for
actions during the period 17 September – 4 October 1944; and the Belgian
Fourragere for actions during the period 17 – 31 December 1944 and 1 - 23
January 1945 by Department of the Army General Orders Number 43, dated
1950.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM is entitled to award of the Bronze
Star Medal, the American Campaign Medal, the Army of Occupation Medal and
the Parachutist Badge – Basic with two bronze service stars.

2.  Evidence shows the FSM was awarded the Combat Infantryman Badge which
entitles him to award of the Bronze Star Medal.  Therefore, he is entitled
to correction of his separation document to show this award.

3.  Evidence shows the FSM served in the continental United States for more
than 2 years which meets the criteria for award of the American Campaign
Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to
show this award.

4.  Orders cited occupation credit for Germany to the FSM's unit during the
period 15 August – 31 October 1945, which entitles him to award of the Army
Occupation Medal with Germany clasp.  Therefore, he is entitled to
correction of his separation document to show this award.

5.  Evidence shows the FSM attended the Infantry Parachute School which
entitles him to award of the Parachutist Badge – Basic.  Therefore, he is
entitled to correction of his WD AGO Form 53-55 to show this award.

6.  The 508th Parachute Infantry Regiment history shows, during the FSM's
assignment, they participated in two airborne assaults [Operation Neptune
and Operation Market Garden] during World War II.  Regulation states that a
bronze service star will be affixed to the appropriate badge to denote
participation in a combat parachute jump; therefore, entitles him to two
bronze service stars.  The FSM is entitled to correction of his separation
document to show two bronze service stars affixed to his Parachutist Badge
– Basic.

7.  General Orders awarded the FSM's unit the French Fourragere, the
Netherlands Orange Lanyard, and the Belgian Fourragere.  Therefore, he is
entitled to correction of his separation document to show these awards.

8.  Records show the FSM should have discovered the alleged error or
injustice now under consideration on 21 September 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, the time for the FSM to file a request for
correction of any error or injustice expired on 1 January 1950.  However,
the applicant did not become eligible to apply to the ABCMR until 24 March
1980, the date of the FSM's death. Although neither the FSM nor the current
applicant filed within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the facts in this
case.

BOARD VOTE:

_PMT___  __JBG___  __CG_      GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 showing award of the Bronze Star
Medal, the American Campaign Medal, the Army of Occupation Medal with
Germany clasp, the Parachutist Badge – Basic with two bronze service stars,
the French Fourragere, the Netherlands Orange Lanyard, and the Belgian
Fourragere.




                                _Curtis Greenway __
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017105                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000.0000                           |
|2.  60                  |107.0014.0000                           |
|3.  109                 |107.0063.0000                           |
|4.  166                 |107.0120.0000                           |
|5.  106                 |107.0060.0000                           |
|6.                      |                                        |


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