RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060009027 


	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.


x

	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 the following items on his WD AGO Form 53-55 (Enlisted Record and Report of Separation):

Item 4 (Arm or Service) to show the entry “Infantry”;

Item 10 (Date of Birth) to show the entry “9 September 1920”;

Item 21 (Civilian Occupation and Number) to show the entry “Auto Mechanic”;

Item 23 (Date of Enlistment) to show the entry “6 October 1943”;

Item 24 (Date of Entry Into Active Service) to show the entry 6 October 1943”;

Item 27 (Local Selective Service Board Number) to show the entry “Berlin”;

Item 28 (County and State) to show the entry “Camden, New Jersey”;

Item 29 (Home Address at Time of Entry into Service) to show the entry “Franklin Avenue, West Berlin, New Jersey”;

Item 30 (Military Occupational Specialty (MOS) and Number) to show the entry “Machine Gunner 1776”;

Item 31 (Military Qualification and Date) to show the entries “Battle of the Bulge,” “Normandy,” and “St. Lo”;

Item 32 (Battles and Campaigns) to show the entries “Battle of the Bulge,” “Normandy,” and “St. Lo”;

Item 33 (Decorations and Citations) to show two bronze service stars for wear on the European-African-Middle Eastern Theater Campaign Medal and the Combat Infantryman Badge (CIB);

Item 34 (Wounds Received in Action) to show he received one wound;

Item 36 (Service Outside Continental United States and Return) to show he departed the United States on “13 May 1944”;

Item 39 (Prior Service) to show he served one year of prior service in the Civilian Conservation Corps; and

Item 41 (Service Schools Attended) to show he completed the “Dismounted Course” for training with the .50 Caliber Machine Gun.

2.  The applicant states that this information is incorrect on his WD AGO Form 53-55.

3.  The applicant provides a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 26 October 1945.  The application submitted in this case is dated 16 June 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 Report of Physical Examination and Induction shows he was inducted into the Army on 15 September 1943 at Local Board Number 6 in Camden County, West Berlin, New Jersey.  This document shows his date of birth as 9 September 1920.

4.  The Report of Physical Examination and Induction shows the applicant’s home address as Franklin Avenue, West Berlin, New Jersey in Camden County. This document does not indicate any previous U.S. military service.

5.  The applicant’s WD AGO Form 24 (Service Record) also shows he was inducted into the Army at Local Board Number 6 in West Berlin, New Jersey.  His Service Record shows his main occupation as “mechanic” and that he repaired cars.  His home address is shown as Franklin Avenue, West Berlin, New Jersey and his date of birth is shown as 9 September 1920.  There is no prior service indicated on his Service Record.  

6.  The applicant’s Service Record shows he entered active duty on 6 October 1943 at the Reception Center, Fort Dix, New Jersey.  
7.  His Service Record shows he qualified as Marksman with the carbine on 24 November 1943.

8.  The applicant’s Service Record shows he departed the United States on 13 May 1944 for duty in the European-African-Middle Eastern Theater of Operations with the 59th Chemical Maintenance Company.

9.  His WD AGO Form 53-55 shows he departed the European-African-Middle Eastern Theater of Operations on 1 August 1945 and returned to the United States on 13 August 1945.

10.  The applicant was discharged on 26 October 1945 under the provisions of Army Regulation 615-361 with a Certificate of Disability for Discharge.  The Remarks section on his WD AGO Form 53-55 shows the entry “34 - Anxiety reaction chronic severe.”

11.  His branch of service is shown as “Inf” [Infantry] in item 4 on his WD AGO Form 53-55 (although it is smudged).

12.  His date of birth is shown as 19 September 1920 in item 10 on his WD AGO Form 53-55.

13.  His civilian occupation is shown as “machinist” in item 21 on his WD AGO Form 53-55.

14.  His date of induction is shown as 17 September 1943 in item 22 on his WD AGO Form 53-55.

15.  There is no date of enlistment shown in item 23 on his WD AGO Form 
53-55.

16.  His date of entry on active duty is shown as 8 October 1943 in item 24 on his WD AGO Form 53-55.

17.  His WD AGO Form 53-55 indicates the Local Selective Service Board Number as “Unknown” in item 27.

18.  His county and state are shown as Berlin, New Jersey in item 28 on his WD AGO Form 53-55.

19.  His WD AGO Form 53-55 shows his home address as “Unknown” in item 29.

20.  His MOS and number are shown as “Truck Driver 345” in item 30 on his WD AGO Form 53-55.

21.  His WD AGO Form 53-55 does not list any military qualification in item 31.

22.  His WD AGO Form 53-55 does not list any battles and campaigns in item 32.

23.  His WD AGO Form 53-55 shows the European-African-Middle Eastern Theater Campaign Medal and the Army Good Conduct Medal as authorized awards in item 33.

24.  His WD AGO Form 53-55 does not list any wounds received in action in item 34.

25.  His departure date from the continental United States is listed as 10 May 1944 in item 36.

26.  His WD AGO Form 53-55 does not indicate any prior service in item 39.

27.  His WD AGO Form 53-55 does not show any service schools in item 41.  There is no evidence of record which indicates he completed a “Dismounted Course.”  

28.  The applicant’s personnel records contain a Statement of Military Qualifications and Training, dated 30 July 1948, which shows he was awarded MOS 590 (Duty Soldier III) on 13 January 1944 and MOS 345 Truck Driver, Light on an unknown date.  There is no evidence of record which indicates he completed training as a machine gunner and was awarded MOS 1776.

29.  The applicant’s personnel records contain a letter, dated 30 July 1948, which shows he was entitled to the Good Conduct Medal; the European-African-Middle Eastern Campaign Medal with two bronze service stars for Northern France and Rhineland campaigns; the World War II Victory Medal; the Expert Infantryman Badge based on Special Order Number 201, Headquarters, Infantry Replacement Training Center, Camp Wheeler, Georgia, dated 18 August 1944; and the Marksman Marksmanship Qualification Badge with Carbine Bar.  

30.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, campaign credit during World War II.  This document does not list the Battle of the Bulge or "St. Lo" as an authorized campaign that received credit during World War II.

31.  Department of the Army Pamphlet 672-1 shows the unit to which the applicant was assigned, the 59th Chemical Maintenance Company, received campaign credit for the Northern France and Rhineland.

32.  War Department Circular 269-1943 established the CIB and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  The Awards Branch, U.S Army Human Resources Command (USAHRC) has advised in similar cases that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.  Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

33.  Army Regulation 600-8-22 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.  The 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.  

34.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

35.  Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II.  This regulation stated that special proficiency and date [acquired] as shown in Service Record would be entered in item 31 on the WD AGO Form 53-55 (i.e. “Expert Infantryman,” “Combat Infantryman,” “Expert Gunner,” “Pilot,” etc).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s WD AGO Form 53-55 currently reflects the entry “Inf” (although smudged) in item 4 which indicates his Arm or Service as Infantry.  Therefore, item 4 on his WD AGO Form 53-55 is correct as currently constituted. 

2.  The applicant’s Report of Physical Examination and Induction Service Record show his date of birth as 9 September 1920.  However, his WD AGO Form 53-55 incorrectly reflects the entry “19 September 1920” in item 10.  Therefore, it would be appropriate to amend item 10 on his WD AGO Form 53-55 to show the entry “9 September 1920.”

3.  The applicant’s Service Record shows his occupation as a mechanic and that he repaired cars.  This evidence is sufficient as a basis to amend item 21 on his WD AGO 53-55 to show the entry “Auto Mechanic.”

4.  The applicant’s Report of Physical Examination and Induction and Service Record show he was inducted into the Army on 15 September 1943.  However, his WD AGO Form 53-55 incorrectly reflects his date of induction as 
“17 September 1943.”  Therefore, it would be appropriate to amend item 22 on his WD AGO Form 53-55 to show the entry “15 September 1943.”

5.  The applicant was inducted into the Army and he did not enlist.  Therefore, there is no basis for correcting item 23 on his WD AGO Form 53-55 to show a date of enlistment.

6.  The applicant’s Service Record shows he entered active duty on 6 October 1943, not on 8 October 1943.  Therefore, it would be appropriate to amend his WD AGO Form 53-55 to show the entry “6 October 1943” in item 24.  

7.  The evidence of record shows the applicant was inducted into the Army at Local Board Number 6 in West Berlin, New Jersey.  Therefore, it would be appropriate to amend his WD AGO Form 53-55 to show the entry “Number 6, West Berlin, New Jersey” in item 27.

8.  The applicant’s Report of Physical Examination and Induction shows he was inducted in Camden County located in New Jersey.  Therefore, his WD AGO Form 53-55 should be amended to show the entry “Camden County, New Jersey” in item 28.



9.  The evidence of record shows the applicant’s home address at the time he entered active duty as Franklin Avenue, West Berlin, New Jersey.  Therefore, it would be appropriate to amend his WD AGO Form 53-55 to show the entry “Franklin Avenue, West Berlin, New Jersey” in item 29.

10.  The applicant’s WD AGO Form 53-55 currently reflects MOS 345 as a truck driver.  There is no evidence of record to show he completed training as a machine gunner or held MOS 1776 at the time of his separation.  Therefore, there is no basis for amending item 30 on his WD AGO Form 53-55.

11.  The evidence of record shows the applicant qualified as Marksman with the carbine in November 1943.  Therefore, it would be appropriate to add the entry “Marksman Marksmanship Qualification Badge with Carbine Bar, November 1943” to item 31 on his WD AGO Form 53-55.  

12.  The governing regulation for preparation of the WD AGO Form 53-55 directs that special proficiency and the date [acquired] would be entered in item 31.  Therefore, there is no basis for recording the entries “Battle of the Bulge,” “Normandy,” and “St. Lo” in item 31.

13.  The applicant was authorized award of the Expert Infantryman Badge based on Special Order Number 201, Headquarters, Infantry Replacement Training Center, Camp Wheeler, Georgia, dated 18 August 1944.  Therefore, this badge should be added to item 31 on his WD AGO Form 53-55.

14.  Department of the Army Pamphlet 672-1 does not list the "St. Lo" or the “Battle of the Bulge” as authorized campaigns.  Therefore, there is no basis for adding this entry to item 32 on the applicant’s WD AGO Form 53-55.

15.  The applicant was assigned to the 59th Chemical Maintenance Company during a period it received campaign credit for participation in Northern France and Rhineland.  Therefore, these campaigns should be added to item 32 on his WD AGO Form 53-55.  

16.  Department of the Army Pamphlet 672-1 does not indicate the applicant’s unit, 59th Chemical Maintenance Company, received campaign credit for Normandy.  Therefore, there is no basis for amending item 32 on his WD AGO Form 53 to show Normandy.

17.  Since the applicant received campaign credit for participation in the Northern France Campaign and the Rhineland Campaign, he is entitled to two bronze service stars for wear on his European-African-Middle Eastern Campaign Medal.

18.  The evidence of record shows the applicant neither held an infantry MOS nor was assigned to an infantry unit during combat in the European-African-Middle Eastern Theater of Operations.  Therefore, he has not met the requirements for award of the CIB.

19.  The applicant served a period of qualifying service for award of the World War II Victory Medal.  Therefore, this award should be added to item 33 on his WD AGO Form 53-55.

20.  The applicant’s WD AGO Form 53-55 shows he experienced anxiety reaction, chronic severe.  There is no evidence of record which confirms he was wounded as a result of hostile action.  Therefore, there is no basis for amending item 34 to show he was wounded.

21.  The applicant’s Service Record verifies he departed the United States on 13 May 1944 for duty in the European-African-Middle Eastern Theater of Operations.  However, item 36 on his WD AGO Form 53-55 incorrectly reflects his date of departure as 10 May 1944.  Therefore, it would be appropriate to amend his WD AGO Form 53-55 to show the entry “13 May 1944” in item 36.

22.  There is no evidence of record which indicates the applicant served prior military service.  Service in the Civilian Conservation Corps is not considered prior military service.  Therefore, there is no basis for amending item 39 on his WD AGO Form 53-55.

23.  There is no evidence of record which indicates the applicant completed the “Dismounted Course” for training with a .50 Caliber Machine Gun.  Therefore, there is no basis for amending item 41 on his WD AGO Form 53-55.

24.  Records show the applicant should have discovered the error or injustice now under consideration on 26 October 1945, the date of his separation from active duty.  The ABCMR was not established until 2 January 1947.  Therefore, the time for the applicant 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, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x______ x______ x______  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:

	a.  amending item 10 on his WD AGO Form 53-55 to show the entry 
“9 September 1920”;

	b.  amending item 21 on his WD AGO 53-55 to show the entry “Auto Mechanic”;

	c.  amending item 22 on his WD AGO Form 53-55 to show the entry 
“15 September 1943”;

	d.  amending item 24 on his WD AGO Form 53-55 to show the entry 
“6 October 1943”;

	e.  amending item 27 on his WD AGO Form 53-55 to show the entry “Number 6, West Berlin, New Jersey”;

	f.  amending item 28 on his WD AGO Form 53-55 to show the entry “Camden County, New Jersey”;

	g.  amending item 29 on his WD AGO Form 53-55 to show the entry “Franklin Avenue, West Berlin, New Jersey”;

	h.  amending item 31 on his WD AGO Form 53-55 to show the entries “Marksman Marksmanship Qualification Badge with Carbine Bar, November 1943” and “Expert Infantryman Badge”;

	i.  amending item 32 on his WD AGO Form 53-55 to show the entries “Northern France” and “Rhineland”;

	j.  amending item 33 on his WD AGO Form 53-55 to show two bronze service stars for wear on his already awarded European-African-Middle Eastern Campaign Medal and award of the World War II Victory Medal; and 

	k.  amending item 36 on his WD AGO Form 53-55 to show the date of his departure as “13 May 1944”;

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 correcting the following items:

Item 23 to show the date of enlistment as “6 October 1943”;

Item 30 to show the entry “Machine Gunner 1776”;

Item 31 to show the entries “Battle of the Bulge,” “Normandy,” and 
“St. Lo”;

Item 32 to show the entries “Battle of the Bulge,” “Normandy,” and 
“St. Lo”;

Item 33 to show award of the CIB;

Item 34 to show he received one wound;

Item 39 to show he served one year of prior service; and

Item 41 to show he completed the “Dismounted Course” for training the 
.50 Caliber Machine Gun.






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          CHAIRPERSON


INDEX

CASE ID
AR20060009027
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100.0000
2.
107.0000
3.

4.

5.

6.