RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060008323


      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. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |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 her husband, the deceased former
service member be authorized any additional World War II awards that he may
have earned.

2.  The applicant states, in effect, that an error occurred when he served
with the “Medical Detachment 6927 Battalion-specifically- Battle of the
Bulge.”

3.  The applicant provides copies of their wedding certificate and the
FSM’s death certificate.  She indicates that a statement from a Dr. William
T. M____ was attached to the application, but it was not.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 December 1945, the date of his discharge.  The
application submitted in this case is dated 10 May 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 his records
were lost or destroyed in that fire.  The available documents consist of
his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable
Discharge), WD AGO Form 100 (Separation Qualification Record and Form Final
Payment Voucher).

4.  The FSM was inducted on 13 November 1942.  He completed basic infantry
training and medical technician training and deployed to the European
Theater of Operations (ETO) on 6 August 1944.  He served as a company aide
man with E Company, 301st Infantry Regiment, 94th Infantry Division.  He
debarked for the United States on 25 December 1944 and was discharged,
because of demobilization, on 29 December 1945.
5.  His WD AGO 53-55 shows he was credited with participation in the
Ardennes, Northern France and Rhineland campaigns.  His authorized awards
are shown as the American Service Medal, European-African-Middle Eastern
Service Medal, Good Conduct Medal and World War II Victory Medal.  Item 31
(Military Qualifications) lists “None” and item 55 (Remarks) shows he was
issued a Lapel Button.

6.  His Final Payment Voucher shows he received Medical Badge Pay.

7.  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.  World War II holders of these badges received a
monthly pay supplement known as combat infantry pay. Therefore, Soldiers
had economic as well as intangible reasons to ensure that their records
were correct.  Thus, pay records are frequently the best available source
to verify entitlement to this award.

8.  DA Pamphlet 672-1 Unit Citation and Campaign Participation Credit
Register shows that, after the FSM reached the ETO, the 301st Infantry was
credited with participation in the Ardennes-Alsace, Northern France,
Rhineland and Central European campaigns, received occupation credit for
Germany and was awarded the Meritorious Unit Commendation.  No unit bearing
the designation “6927” is listed in the pamphlet.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of the European-African-Middle Eastern Campaign Medal for
qualifying service in the European-African-Middle Eastern Theater of
Operations for the period 7 December 1941 to 8 November 1945.  Army
Regulation 600-8-22 also authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form
53-55.  This regulation states that authorized bronze service stars will be
worn on the appropriate campaign or service medal including the European-
African-Middle Eastern Campaign Medal.

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

DISCUSSION AND CONCLUSIONS:

1.  The FSM was awarded the Combat Medical Badge and is authorize award of
the Bronze Star Medal based on the Combat Medical Badge.  Both should be
added to his discharge document.

2.  He received campaign credit for the Ardennes Campaign which is
correctly called the Ardennes-Alsace Campaign.  It includes the conflict
commonly called the Battle of the Bulge.

3.  The FSM’s unit also received campaign credit for participation in the
Central Europe Campaign, occupation credit for Germany and the Meritorious
Unit Commendation.  These items and appropriate bronze service stars should
also be added to his separation document.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 December 1945, the date of the
discharge. However, the ABCMR was not established until 2 January 1947.
Therefore, the time for the FSM to file a request for correction of any
error or injustice expired on 1 January 1950.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence or, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

__JCR __  _DWT___  __REB__  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 on his WD AGO 53-55 the
following:

      a.  In item 32 (Battles and Campaigns), delete “Ardennes” and add
“Ardennes-Alsace, Central Europe”;

      b.  In item 31 (Military Qualifications) add “Combat Medical Badge”;
and

      c.  In item 33 (Decorations and Awards) delete “European African
Middle Eastern Service Medal”  and add “Bronze Star Medal, European-African-
Middle Eastern Campaign Medal with four bronze service stars, Army of
Occupation Medal with ‘Germany’ Clasp, and Combat Medical Badge.








                            __   Jeffrey C. Redmann___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008323                           |
|SUFFIX                  |                                        |
|                        |                                        |
|DATE BOARDED            |2007/01/18                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . . . .                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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