RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060005537


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 that her husband's, a deceased former service
member (FSM), records be corrected to show that he was awarded the American
Campaign Medal, Belgium Croix de Guerre 1940 with Palm, Presidential Unit
Citation, and five Distinguished Unit Citations.

2.  The applicant states that her grandson-in-law would provide statements
on her behalf.

3.  The applicant provides a copy of the FSM's Honorable Discharge
Certificate, WD AGO 53-55 (Enlisted Record and Report of Separation-
Honorable Discharge), Hospital Admission cards, and an excerpt from Army
Regulation 600-8-22 (Military Awards), and a copy of AR20040009674 in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 October 1945, the date of the FSM's discharge.  The
application submitted in this case is dated 21 March 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 FSM’s military records are not available to the Board 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, there were
sufficient documents remaining in a reconstructed record for the Board to
conduct a fair and impartial review of this case.  In addition, the record
of the FSM's Hospital Admission Cards from the Office of the Surgeon
General of the Army was available.




4.  The FSM's WD AGO Form 53-55 shows he was inducted and entered active
duty on 13 November 1942.  The FSM served in the European-African-Middle
Eastern Theater of Operations from 23 September 1944 through 22 February
1945 while assigned to C Company, 61st Armored Infantry Battalion, 10th
Armored Division.  He was honorably discharged with a certificate of
disability on 17 October 1945.

5.  Records show that the FSM was awarded the Marksman Rifle Badge,
Marksman Carbine Badge, Combat Infantryman Badge, Purple Heart, Bronze Star
Medal, European-African-Middle-Eastern Theater Campaign Ribbon with
2 service stars, and the World War II Victory Medal.

6.  The FSM's separation document does not show that the applicant was
awarded the Presidential Distinguished Unit Citation, the Distinguished
Unit Citation, the American Campaign Medal, or the Belgium Croix de Guerre
1940 with Palm.

7.  The FSM's records show that he completed over two years of Continental
Service.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.




10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) does not show that C Company, 61st Armored
Infantry Battalion, 10th Armored Division was awarded the Presidential Unit
Citation or the Distinguished Unit Citation while the FSM was a member of
that unit.

11.  Department of the Army Pamphlet 672-1 shows that while the FSM was
assigned to C Company, 61st Armored Infantry Battalion, 10th Armored
Division, it was awarded the Citation in the Order of the Belgium Army
[also known as the Belgium Croix de Guerre].

12.  The applicant provided a two-page memorandum from her grandson-in-law
in support of the application.  He stated that the FSM's records were
destroyed during the fire in St. Louis in 1973 and has requested that the
FSM's awards be added to his records.

13.  The grandson-in-law continued that the FSM entered active service on
13 November 1942 and served in the European-African-Middle-Eastern Theater
of Operations during the period 23 September 1944 through 22 February
1945.  He continued that the FSM was assigned to Company C, 61st Armored
Infantry Battalion, 10th Armored Division (Tiger Division) 3rd Army and was
involved in the Ardennes and Rhineland Campaigns.  The grandson-in-law
further stated that the FSM was an integral part of the Battle of Bastogne,
was wounded on 21 December 1944 and honorably discharged on 17 October
1945.

14.  The grandson-in-law continued that the FSM is entitled to award of the
American Campaign Medal, Belgium Croix de Guerre 1940 with Palm,
Presidential Unit Citation, and five Distinguished Unit Citations.

15.  The grandson-in-law concluded that an updated copy of the FSM's WD AGO
53-55 be provided to the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her husband's records should be corrected
to show that he was awarded the American Campaign Medal, Belgium Croix de
Guerre 1940 with Palm, Presidential Unit Citation, and five Distinguished
Unit Citations.

2.  Records show that the FSM served a qualifying period of service for
award of the American Campaign Medal.  Therefore, he is entitled to the
American Campaign Medal and corrections of his records to show this award.
3.  Evidence of record shows that while the FSM was assigned to C Company,
61st Armored Infantry Battalion, 10th Armored Division, it was awarded the
Citation in the Order of the Belgium Army [also known as the Belgium Croix
de Guerre].  Therefore, he is entitled to correction of his records to show
this foreign unit award.

4.  There is no evidence in the available records and the applicant has not
provided sufficient evidence showing that the FSM is entitled to award of
the Presidential Unit Citation or five Distinguished Unit Citations.
Absent evidence to show that the unit the FSM was assigned was awarded the
Presidential Unit Citation or five Distinguished Unit Citations, there is
no basis to grant the relief requested.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 October 1945, the date of the FSM's
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.
Although the applicant did not file 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:

________  ________  ________  GRANT FULL RELIEF

_KSS____  __JI____  _GJP____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 American
Campaign Medal and the Belgium Croix de Guerre.




2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
Presidential Unit Citation and the Distinguished Unit Citation.




                                __John Infante____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005537                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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