RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20060014552 


	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. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Susan A. Powers

Member

Mr. Edward E. Montgomery

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 discharge document.

2.  The applicant states, in effect, that the organization shown on his discharge document is incorrect and should be corrected to show that he served with Company B, 299th Engineer Combat Battalion during World War II.  The applicant also states, in effect, that he served with the battalion from March 1943 to 1 November 1945.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of
1 November 1945; Army of the United States Honorable Discharge Certificate, dated 1 November 1945; WD AGO Form 100 (Army of the United States Separation Qualification Record); and Headquarters, 299th Engineer Combat Battalion (European Theater of Operations), Special Orders Number 57, dated 16 May 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
1 November 1945, the date of his discharge from the Army.  The application submitted in this case is dated 28 September 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 military service 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 applicant'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.


4.  The applicant's reconstructed military service records show that he was inducted into the Army on 3 March 1943 and entered into active service on
10 March 1943.  After completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 345 (Truck Driver, Light).  The applicant served in the European Theater of Operations during World War II from 18 April 1944 to 17 October 1945.  On
1 November 1945, the applicant was honorably discharged from the Army after serving on active duty a total of 2 years, 7 months, and 22 days.

5.  In support of his application, the applicant provides the following documents:

     a.  WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of 1 November 1945.  This document shows, in pertinent part, in Item 6 (Organization) that he was assigned to Company C, 51st Engineer Combat Battalion.  Item 32 (Battles and Campaigns) shows that he participated in the Normandy, Northern France, Rhineland, Ardennes, and Central Europe campaigns.  Item 33 (Decorations and Citations) of this document shows he was awarded the American Service Medal, European-African-Middle Eastern Campaign Medal, Good Conduct Medal, and Presidential Unit Citation.  This document also shows that the applicant was honorably discharged on 1 November 1945 and Item 56 (Signature of Person Being Separated) shows that he placed his signature on the document.

     b.  Army of the United States Honorable Discharge Certificate, dated
1 November 1945.  This document shows, in pertinent part, the applicant was assigned to Company C, 51st Engineer Construction Battalion, and that he was honorably discharged at the Separation Center, Fort Dix, New Jersey on
1 November 1945.

     c.  WD AGO Form 100 (Army of the United States Separation Qualification Record).  This document shows, in pertinent part, that the applicant entered into active service on 10 March 1943.  This document also shows that the applicant served in MOS 729 (Combat Engineer, Basic Training) for 4 months, MOS 345 (Truck Driver, Light) for 22 months, MOS 152 (Photographer) for 5 months, and was separated from the Army at Fort Dix, New Jersey on 1 November 1945. This document does not provide any information pertaining to the applicant’s unit or organization.

     d.  Headquarters, 299th Engineer Combat Battalion (European Theater of Operations), Special Orders Number 57, dated 16 May 1945.  This document shows, in pertinent part, that the applicant was awarded the Bronze Service Arrowhead for participation in the assault which secured the initial Normandy Beachheads.
6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists, in pertinent part, unit awards and campaign participation for units serving in World War II.  This document shows that the 51st Engineer Combat Battalion received campaign participation credit for the Normandy, Northern France, Rhineland Ardennes, and Central Europe campaigns and was awarded of the Presidential Unit Citation, for the period 17 to 22 December 1944, by Headquarters, Department of the Army, General Orders Number 27 (1945).  This document also shows that the
229th Engineer Combat Battalion received campaign participation credit for the Rhineland campaign.

7.  As a matter of information, Army Regulation 600-8-22 (Military Awards) 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. 

8.  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.

9.  A review of the applicant's military service records reveals that he may be entitled to additional awards which are not shown on his WD AGO Form 53-55.

10.  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.  This document shows that the 51st Engineer Combat Battalion received credit for the occupation of Germany during the period 2 May 1945 to 19 September 1945.

11.  Department of the Army Pamphlet 672-1 also shows, in pertinent part, that the 51st Engineer Combat Battalion was cited for award of the French Croix de Guerre, for the period 12 to 22 December 1944, by Headquarters, Department of the Army, General Orders Number 43 (1950).

12.  Technical Manual 12-235, Discharge Procedures and Preparation of Separation Forms, the regulation then in effect at the time of the applicant's discharge, provides that item 6 (Organization) of the WD AGO Form 53-55 will show the last unit or similar element to which the Soldier was assigned, rather than the element of which he was a part while moving to a separation activity.  The designation of the organization will be as shown in the Service Record.

13.  Army Regulation 600-8-22, 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.

14.  Army Regulation 600-8-22, Appendix B (Campaigns, Service Requirements and Inscriptions Prescribed for Streamers), lists, in pertinent part, the following campaigns (and inclusive dates):  Normandy (6 June 1944 to 24 July 1944), Northern France (25 July 1944 to 14 September 1944), Rhineland
(15 September 1944 to 21 March 1945), Ardennes-Alsace (18 December 1944 to 25 January 1945), and Central Europe (22 March 1945 to 11 May 1945).

15.  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.  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.  This document also states that a silver service star is worn instead of 5 bronze service stars.

16.  This Army regulation further provides, in pertinent part, for the “arrowhead” device to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the "arrowhead" device is authorized for wear on the European-African-Middle Eastern Campaign Medal.

17.  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.  However, service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service prior to 9 May 1945.

18.  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.

19.  Army Regulation 600-8-22 provides for award of the French Fourragere as an approved foreign unit award.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, then the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal or ribbon authorized for wear by members of the unit.

20.  On 28 March 1983, Headquarters, 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 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.

21.  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,
1 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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55, with an effective date of 1 November 1945, is incorrect because Item 6 (Organization) shows he was assigned to Company C, 51st Engineer Combat Battalion, but he was actually assigned to Company B, 229th Engineer Combat Battalion.  However, the applicant provides insufficient documentary evidence in support of his claim that the last unit he was assigned to prior to his transfer to the separation activity was Company B, 229th Engineer Combat Battalion.

2.  The evidence of record shows that the applicant was awarded an individual award of the bronze arrowhead for participation in the assault on Normandy in June 1944.  The evidence of record also shows that the award was made under authority of Headquarters, 229th Engineer Combat Battalion, Special Orders Number 57, dated 16 May 1945.  However, the Special Orders are clear that this is an individual award for participation in an assault landing and not unit combat assault credit.  It is also noted that the orders were published nearly 1 year after the event for which the individuals listed on the orders received assault landing credit, the orders do not identify the specific unit of assignment (e.g., company, detachment, etc.) of the individuals listed on the order, and the 229th Engineer Combat Battalion is not credited with an assault landing in Department of the Army Pamphlet 672-1.

3.  The evidence of record shows that the applicant continued to serve in the European Theater of Operations after the assault landing at Normandy until
17 October 1945.  The evidence of record also shows that the 229th Engineer Combat Battalion received campaign participation credit only for the Rhineland campaign, whereas, the 51st Engineer Combat Battalion received campaign participation credit for the Normandy, Northern France, Rhineland, Ardennes-Alsace, and Central Europe campaigns and was awarded the Presidential Unit Citation.  Moreover, the applicant’s discharge document credits him with participation in the Normandy, Northern France, Rhineland, Ardennes, and Central Europe campaigns and also a unit award of the Presidential Unit Citation. Thus, the evidence of record supports the fact that the applicant was assigned to the 51st Engineer Combat Battalion for the vast majority of his service in the European Theater of Operations during World War II and, more specifically, subsequent to the assault landing at Normandy, France in June 1944.

4.  The evidence of record further shows that during his separation processing the applicant reviewed his WD AGO 53-55, which indicate that the organization to which he had been assigned was Company C, 51st Engineer Combat Battalion.  In addition, there is no documentary evidence in available records disputing the fact that the applicant was assigned to Company C, 51st Engineer Combat Battalion immediately prior to his transfer to the separation activity.  Moreover, this document also shows that the applicant affixed his signature to the discharge document attesting to its accuracy at the time of his discharge.  As a result, based on the evidence of record and in the absence of documentary evidence to the contrary, the organization shown on the applicant's discharge document is correct.  Therefore, the applicant is not entitled to correction of Item 6 of his WD AGO Form 53-55.

5.  The evidence of records shows the applicant was credited with participation in an amphibious assault landing at Normandy, France.  The evidence of record also shows that he participated in 5 campaigns in the European Theater of Operations during World War II.  Therefore, the applicant is entitled to correction of his records to show award of the "Arrowhead" device to be affixed to his European-African-Middle Eastern Campaign Medal, along with the 1 silver service star.

6.  The evidence of record shows that the applicant's unit received credit for the occupation of Germany during the period 2 May 1945 to 19 September 1945.
Therefore, he is entitled to correction of his records to show award of the Army of Occupation Medal with Germany Clasp.

7.  The evidence of record shows that the applicant's service qualifies him for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this service medal.

8.  General Orders awarded the applicant's unit the French Croix de Guerre.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

9.  Records show that the applicant served a total of 19 months in the European Theater of Operations during World War II.  Therefore, he is entitled to correction of his records to show award of 3 Overseas Service Bars.

10.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 November 1945; the date of his discharge from the Army.  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 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.
11.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KAN___  ___SAP_  ___EEM _  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.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Arrowhead Device, Army of Occupation Medal with Germany Clasp, World War II Victory Medal, French Croix de Guerre, and 3 Overseas Service Bars.




___Kathleen A. Newman____
          CHAIRPERSON


INDEX

CASE ID
AR20060014552
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/07/10
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19451101
DISCHARGE AUTHORITY
AR 615-365 & RR 1-1, Demobilization
DISCHARGE REASON
Convenience of the Government
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.0000.0000
2.

3.

4.

5.

6.