RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 June 2007
	DOCKET NUMBER:  AR20070000601 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jerome L. Pionk

Member

Ms. Jeanette B. McPherson

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 correction of his records to show award of "Battle Honors" (Presidential Unit Citation), the Army of Occupation Medal, and the American Campaign Medal.  He further requests campaign credit for the Ardennes. 

2.  The applicant states, in effect, that the above awards were omitted from his discharge papers upon his separation from the military.  He further states that the separation clerk failed to give him credit for the Ardennes campaign. 

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) with the period ending 21 June 1946; a four page WD AGO Form 32 (Individual Clothing and Equipment Record), dated 
7 January 1945; an undated Immunization Register; Headquarters, 78th Infantry Division General Orders Number 92, dated 10 May 1946; War Department General Orders Number 114, dated 7 December 1945; a five page magazine article entitled "The Flash," dated October 2006; a two page "History 303rd Engineer (C) Battalion; a letter from the former commander of the 303rd Engineer Battalion, dated 15 April 2006; a one page description of the Presidential Unit Citation; and a one page description of the Army of Occupation Medal. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 21 June 1946.  The application submitted in this case is dated 8 January 2007.

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 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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55 and WD AGO Form 32.  
4.  The applicant's WD AGO Form 53-55 shows he was inducted and entered active duty on 30 August 1944.  

5.  The applicant provided a WD AGO 32, dated 7 January 1945, that shows he was issued clothing and equipment prior to his departure to the European Theater while assigned to Headquarters and Service Company, 303rd Engineer Battalion, 78th Infantry.  He served in the European Theater of Operations from 18 January 1945 through 20 November 1945.

6.  Headquarters, 78th Infantry Division General Orders Number 222, dated 
3 June 1945, shows that Headquarters and Service Company, 303rd Engineer Battalion was awarded the Meritorious Service Unit Plaque (i.e., the Meritorious Unit Commendation).

7.  Headquarters, 78th Infantry Division General Orders Number 92, dated 
10 May 1946, shows that the 303rd Engineer Battalion, 78th Infantry was awarded Battle Honors for outstanding performance against the enemy. 

8.  On 21 June 1946, the applicant was honorably discharged.

9.  Item 6 (Organization) of the applicant's WD AGO Form 53-55 shows that his last organization prior to separation was the 303rd Engineer Battalion, 78th Infantry.  Item 32 (Battles and Campaigns) shows he participated in the central Europe and Rhineland campaigns.  Item 33 (Decorations and Citations) shows he was awarded the European-African-Middle Eastern Campaign Medal, the Army Good Conduct Medal, and the World War II Victory Medal.  Item 
37 (Continental Service) shows the applicant served 11 months and 8 days in the Continental United States.

10.  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.


11.  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.  For Germany, service must have been 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.

12.  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.  On 15 June 2007, the U.S. Army Human Resources Command, Awards Branch, Alexandria, VA confirmed that WWII Battle Honors are to be considered as a Presidential Unit Citation.  

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign participation credit received by units serving during World War II.  This document shows that the 303rd Engineer Battalion, 78th Infantry was awarded occupation credit for Germany for the period 20 May 1945 through 31 October 1945.

14.  Department of the Army Pamphlet 672-1 shows that, at the time of the applicant's assignment to the 303rd Engineer Battalion, 78th Infantry it was awarded campaign credit for the Ardennes-Alsace for the period 16 December 1944 through 25 January 1945.

15.  Army Regulation 600-8-22, in pertinent part, 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. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was assigned to a unit that was awarded the Presidential Unit Citation and the Meritorious Unit Commendation.  These awards should be added to his WD AGO Form 53-55.

2.  The applicant is eligible for award of the Army of Occupation Medal with Germany clasp.  This award should be added to his WD AGO Form 53-55.



3.  Evidence of record shows that the applicant did not serve within the Continental United States for an aggregate period of 1 year.  Unfortunately, he is not eligible for the American Campaign Medal.

4.  Evidence of record shows that the applicant served in a unit that was awarded campaign credit for Ardennes-Alsace for the period 16 December 1944 through 25 January 1945.  Therefore his WD AGO Form 53-55 should be amended to add "Ardennes-Alsace" in item 32.  He is also eligible for 3 bronze service stars to be worn on his European-African-Middle Eastern Campaign Medal.  The applicant's WD AGO Form 53-55 should be amended to add these awards.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 June 1946, the date of his separation from active duty.  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.  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 

__JEA___  __JLP__  __JBM___  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 amending his WD AGO Form 53-55: 

	a.  to add award of the Presidential Unit Citation, the Meritorious Unit Commendation, the Army of Occupation Medal with Germany clasp, and 
3 bronze service stars to be worn on his already-awarded European-African-Middle Eastern Campaign Medal; and 


	
	b.  to add "Ardennes-Alsace" in item 32 of the applicant's WD AGO Form 
53-55.

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 award of the American Campaign Medal.  




___James E. Anderholm__
          CHAIRPERSON




INDEX

CASE ID
AR20070000601
SUFFIX

RECON

DATE BOARDED
26 JUNE 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0031.0000
2.
107.0067.0000
3.
107.0063.0000
4.

5.

6.