RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060001090


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. Tucker               |     |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, that his WD AGO Form 53-55 (Enlisted
Record and Report of Separation-Honorable Discharge) be changed to show he
was authorized a bronze service star and campaign credit for the Normandy
campaign.

2.  The applicant states that he only recently discovered evidence to
support this request.

3.  The applicant provides copies of his WD AGO Form 53-55; a letter from
the Army History and Education Center, Army War College and Carlisle
Barracks, Carlisle Pennsylvania; and an enclosed log entitled “Historical
Data”; and letters to and from the National Archives and Records
Administration indicating that they have no additional information on the
applicant’s World War II unit.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 January 1946, the date of his discharge.  The
application submitted in this case is dated 13 January 2006.

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 service record, although damaged by fire is reasonably
intact and mostly complete.  It shows he was inducted on 16 June 1943 and
entered active duty on 30 June 1943.  He completed training and was
deployed to the European Theater of Operations where he served with the
413th Military Police Escort Guard Company.  He returned to the United
States on 18 January 1946 and was honorably discharged on 24 January 1946
due to demobilization.

4.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he was
credited with participation in the Northern France and Central Europe
campaigns.
5.  Item 33 (Decorations and Citations) indicates that his authorized
awards are the Good Conduct Medal, the American Campaign Medal, the
European-African-Middle Eastern Campaign Medal with two bronze service
stars, and the World War II Victory Medal.  Item 55 (Remarks) indicates he
was issued an Army Lapel Button.

6.  An entry on the “Historical Data” log, which the applicant submitted,
states that the applicant’s unit is entitled to participation credit for
the Normandy Campaign during the period 6 June 1944 to 24 July 1944.

7.  Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit
Roster), dated 6 July 1961, with change 4, dated 4 June 1962 shows that the
413th Military Police Escort Guard Company was credited with participation
in the Northern France and Central Europe campaigns.

 DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the “Historical Data” log, the governing publication
does not credit the applicant’s unit with participation in the Normandy
campaign.

2.  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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 January 1946; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 23 January 1949.  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 timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCR___  __DWT  ____WFC_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would 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.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _      _William F. Crain______
                                            CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20060001090                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . .                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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