RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050017135


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J.N. Troup              |     |Member               |
|     |Mr. William F. Crain              |     |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, in effect, correction of his military records
to show his name on the list of tank personnel attached to a letter of
commendation.

2.  The applicant states, in effect, that he believes his name was
inadvertently omitted from the list of tank personnel attached to a letter
of commendation issued by the commanding officer of the 3rd Battalion,
505th Parachute Infantry, in recognition of the actions of the Soldiers of
the 3rd Platoon, Company A,
740th Tank Battalion during World War II, on 3 January 1945.  He also
states that his sister began trying to assist him in this process and wrote
a letter to Senator K__ B_____ H________ on 24 July 2004, but that effort
was not successful.  He now petitions this Board for relief.

3.  The applicant provides a self-authored statement, a copy of
Headquarters, 505th Parachute Infantry, U.S. Army, letter, dated 16
February 1945, subject:  Letter of Commendation, with 1 enclosure and 3
endorsements; two Affidavits from former comrades, Mr. C______ B. H______,
dated 6 March 1992, and
Mr. C_______ W. D____, dated 3 November 1992; and a copy of his War
Department (WD) AGO Form 53-55 (Enlisted Record and Report of Separation -
Honorable Discharge), with an effective date of 21 December 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 December 1945, the date of his discharge.  The application
submitted in this case is dated 21 November 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 applicant's military service records were lost or destroyed in the
National Personnel Records Center fire of 1973.  Available records consist
primarily of the applicant's WD AGO Form 53-55 and WD Form 372A (Final
Payment - Work Sheet), dated 21 December 1945.

4.  Available military service records show that the applicant was inducted
into the Army and entered active duty on 22 February 1943.  Upon completion
of basic combat training and advanced individual training, the applicant
was awarded military occupational specialty (MOS) 2736 (Medium Tank
Crewman).  He was assigned to Company A, 740th Tank Battalion, and served
in the European Theater of Operations from 22 July 1944 to 23 July 1945.
The applicant was honorably discharged on 21 December 1945.

5.  Item 30 (Military Occupational Specialty and No.) of the applicant's WD
AGO Form 53-55 contains the entry "Medium Tank Crewman 2736".  Item 31
(Military Qualification and Date) contains the entry "Sharpshooter -
Carbine - 9 Mar 44"; Item 32 (Battles and Campaigns) shows that he
participated in three campaigns: Ardennes, Rhineland, and Central Europe;
and Item 33 (Decorations and Citations) shows that the applicant was
awarded the American Theater Campaign Medal, European-African-Middle
Eastern Campaign Medal with
3 bronze service stars, and World War II Victory Medal.

6.  The applicant provides a self-authored statement, a copy of his WD AGO
Form 53-55, Headquarters, 505th Parachute Infantry, Letter of Commendation,
dated 16 February 1945, with 1 enclosure and 3 endorsements; and two
Affidavits from former Soldiers who served in the same unit as the
applicant during the period in question.   The WD AGO Form 53-55 shows that
the applicant served in Company A, 740th Tank Battalion, from 22 July 1944
to
23 July 1945.  The letter of commendation to the commanding officer of the
740th Tank Battalion, issued by the lieutenant colonel in command of the
3rd Battalion, 505th Parachute Infantry, provides an account of the actions
in Fosse, Belgium, on 3 January 1945.  In his letter, the battalion
commander personally commends the "gallant crews" of the 3rd Platoon,
Company A,
740th Tank Battalion, for their outstanding performance.  A list of "Tank
Personnel" is also attached to the letter.  The letter was endorsed through
command channels and, in pertinent part, contains the endorsement of the
major general in command of the 82nd Airborne Division. In his endorsement,
the major general commends the crew members of the 3rd Platoon, Company A,
and adds his personal recognition of the excellent fighting abilities of
the entire 740th Tank Battalion.  The two affidavits, sworn and given by
former Soldiers of the
3rd Platoon (i.e., one, the applicant's Tank Commander and the other a
Gunner), attest to the fact that the applicant was a member of the 3rd
Platoon and a Tank Bow Gunner who participated in the engagement at Fosse,
Belgium.  The two former comrades add that they believe the applicant's
name was somehow inadvertently left off the listing, and that he should
also "receive all honor and glory" bestowed upon the tank crews.

7.  A review of the applicant's WD AGO Form 53-55 reveals that he may be
entitled to additional awards that are not shown on the document.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows that, at the time
of the applicant's assignment to Company A, 740th Tank Battalion, the unit
was cited twice and awarded the Belgian Fourragere, for the period 17
December 1944 to 31 December 1944 and for the period 1 January 1945 to 23
January 1945, by Headquarters, Department of the Army, General Orders
Number 43 (1950).  This document also shows that, at the time of the
applicant's assignment, the unit was cited for award of the Citation in the
Order of the Day of the Belgian Army, for the period 17 January 1945 to 25
January 1945, by Headquarters, Department of the Army, General Orders
Number 43 (1950).

9.  Department of the Army Pamphlet 672-1 further shows that, at the time
of the applicant's assignment to Company A, 740th Tank Battalion, the unit
received credit for the occupation of Germany, from 3 May 1945 to 31
October 1945.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Belgian Fourragere.  This regulation states that it may be awarded by the
Belgian Government when a unit has been cited twice in the Order of the Day
of the Belgian Army.  The award of the Belgian Fourragere is not automatic,
but must be by special decree of the Belgian Government.  Persons who were
present in only one action are not authorized to wear the Fourragere.

11.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center
published the policy regarding awards of the French Croix de Guerre to U.S.
Army veterans who had served in World War I and World War II.  Essentially,
this guidance states that there is no individual emblem presented to or
worn by Army Soldiers who were in a unit cited by the French Government for
the Croix de Guerre.  Thus, former members of any American units which
appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Credit Register) are not authorized an individual device.  This is also
true of the Netherlands Military Order of William and the Belgian Citation
in the Order of the Day.  As a result, the only European foreign unit
awards which a former Army Soldier may wear are the French Fourragere, the
Belgian Fourragere, and the Netherlands Orange Lanyard.

12.  Department of the Army Pamphlet 672-1 shows World War II units that
are authorized occupation credit and therefore, entitlement to the Army of
Occupation Medal.  Additionally, Army Regulation 600-8-22 provides, in
pertinent part, that the Army of Occupation Medal is awarded for service of
30 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.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia), in pertinent part, states that unit awards are authorized for
permanent wear by an individual who was assigned and present for duty with
the unit at any time during the period cited or who was attached to and
present for duty with the unit for at least 30 consecutive days of the
period cited.

14.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Overseas Service Bar.  In pertinent part, it provides that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States
(CONUS) for the specific time frames and areas of operation cited in Army
Regulation 670-1, or appropriate Department of the Army message.  For World
War II service, one Overseas Service Bar is authorized for each period of 6
months active Federal service as a member of a U.S. Service outside CONUS
from 7 December 1941 to 2 September 1946.  For credit toward the Overseas
Service Bar, service is computed between dates of departure from, and
arrival at, a port in the United States or the boundary of CONUS.

15.  Paragraph 3-16 of Army Regulation 600-8-22 governs award of the Army
Commendation Medal and states, in pertinent part, that the Army
Commendation Medal may be awarded to any individual commended after 6
December 1941 and before 1 January 1946 in a letter, certificate or order
of commendation, as distinguished from a letter of appreciation, signed by
an officer in the grade or position of a major general or higher.

16.  Army Regulation 600-8-22, Glossary, Section II (Terms), provides
definitions of commonly used terms related to military awards.  This
document shows, in pertinent part, that meritorious achievement is defined
as an act which is well above the expected performance of duty.  The act
should be an exceptional accomplishment with a definite beginning and
ending date.  The length of time is not a primary consideration; however,
speed of accomplishment of an important task can be a factor in determining
the value of an act.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his name was inadvertently omitted and
should be added to the list of tank personnel attached to the letter of
commendation, issued on 16 February 1945, in recognition of their actions
on 3 January 1945.  The applicant provides evidence that he was assigned to
the 3rd Platoon, Company A, 740th Tank Battalion, during the period in
question and that he participated in the action at Fosse, Belgian.

2.  The Board notes that the action at Fosse, Belgium, took place on 3
January 1945; however, the two former comrades of the applicant incorrectly
cite the date of the letter of commendation (versus the date of the action)
in their affidavits in support of the applicant's request.  However, the
Board believes this discrepancy may be attributed to harmless
administrative error (and perhaps the passage of more than 60 years) and
does not substantially affect the essence of the sworn testimony of the two
former comrades (i.e., that the applicant actually participated in the
attack on the town of Fosse, Belgium, on 3 January 1945).  Therefore, in
view of the foregoing, the applicant's name should be added to the list of
tank personnel of the 3rd Platoon, Company A, 740th Tank Battalion, who
were recognized in the Letter of Commendation, dated 16 February 1945,
issued by the Commanding Officer of the 3rd Battalion, 505th Parachute
Infantry.

3.  The evidence of record shows that the letter of commendation issued on
16 February 1945, for actions on 3 January 1945, was endorsed and signed by
the major general in command of the 82nd Airborne Division on 17 March
1945.  The evidence of record also shows that the Army Commendation Medal
may be awarded to any individual commended after 6 December 1941 and before
1 January 1946 in a letter, certificate or order of commendation (as
distinguished from a letter of appreciation) that is signed by an officer
in the grade or position of a major general or higher.  Therefore, the
applicant is entitled to correction of his records to show award of the
Army Commendation Medal.

4.  General Orders cited the applicant's unit for award of the Belgian
Fourragere for the period 17 December 1944 to 31 December 1944, and for the
period
1 January 1945 to 23 January 1945.  Therefore, it would be appropriate to
correct his records to show this foreign unit award.

5.  General Orders cited the applicant's unit for award of the Citation in
the Order of the Day of the Belgian Army for the period from 17 January
1945 to
25 January 1945.  Therefore, it would be appropriate to correct his records
to show this foreign unit award.

6.  The evidence of records shows that the applicant's unit received credit
for the occupation of Germany during the period 3 May 1945 to 31 October
1945.
Therefore, he is entitled to correction of his records to show award of the
Army of Occupation Medal with Germany Clasp.

7.  Records show that the applicant served a total of 12 months overseas in
the European Theater of Operations.  Therefore, he is entitled to
correction of his records to show award of 2 Overseas Service Bars.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 December 1945, the date of his
discharge.  Therefore, based on the date the Board was established, 2
January 1947, the time for the applicant to file a request for correction
of any error or injustice expired on 1 January 1950.  Although the request
was not submitted within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file for award of the Army
Commendation Medal.

BOARD VOTE:

__WDP__  _MJNT__  __WFC__  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:

      a.  adding the applicant's name to the list of tank personnel
attached as an enclosure to Headquarters, 505th Parachute Infantry, U.S.
Army, letter, dated
16 February 1945, subject:  Letter of Commendation;

      b.  awarding the applicant the Army Commendation Medal for
meritorious achievement on 3 January 1945; and

      c.  correcting his WD AGO Form 53-55 to add the Army Commendation
Medal, Army of Occupation Medal with Germany Clasp, Belgian Fourragere,
Citation in the Order of the Day of the Belgian Army, and 2 Overseas
Service Bars.




                            _____William D. Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017135                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451221                                |
|DISCHARGE AUTHORITY     |AR 615-365, RR 1-1 (Demobilization)     |
|DISCHARGE REASON        |Convenience of the Government           |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0020.0000                           |
|2.                      |107.0067.0000                           |
|3.                      |107.0097.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]