RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  26 July 2007
	DOCKET NUMBER:  AR20070003570 


	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 L. Engle

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jerome L. Pionk

Member

Mr. John G. Heck

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 military records to show that he was awarded the Bronze Star Medal during World War II.

2.  The applicant states, in effect, that he should be awarded the Bronze Star Medal for his participation in the Roer River Crossing and subsequent battle during 22 to 26 February 1945. 

3.  The applicant provides copies of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55), Report of Separation from the Armed Forces of the United States (DD Form 214), and his Recommendation for Award of the Bronze Star Medal with supporting enclosures and denial by the Army Decorations Board.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 3 February 1953, the date of his release from active duty.  The application submitted in this case is dated 26 February 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 for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

4.  The applicant's WD AGO Form 53-55 shows that he enlisted in the Army National Guard on 15 November 1939, and was brought onto active duty on 
3 February 1941.  His military occupational specialty was 238 (Telephone and Telegraph Lineman).  

5.  On 5 October 1942, the applicant departed the United States for duty in the European Theater of Operations.  He arrived in Scotland on 11 October 1942.  

6.  The applicant was assigned to the 29th Signal Company.  He returned to the United States on 30 June 1945 and was honorably discharged on 8 July 1945.  He had attained the rank of Technician 5th Grade, and had completed 4 years, 
5 months and 6 days of creditable active service.

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55, lists his campaigns as Normandy, Northern France, and Rhineland. 

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55, lists his awards as the Purple Heart, Good Conduct Medal, American Defense Service Medal, and the European-African-Middle Eastern Service Medal with 1 bronze arrowhead.  It does not show award of the Bronze Star Medal.

9.  On 22 November 1950, the applicant was appointed a second lieutenant, Corps of Engineers, in the Army of the United States.

10.  On 23 November 1951, the applicant was ordered to active duty with the 934th Engineer Aviation Group, at Fort Huachuca, Arizona.  

11.  During the period from 19 March to 30 June 1952, the applicant attended and completed the Associate Engineer Company Officer Course at Fort Belvoir, Virginia.

12.  For a period of 3 months and 4 days between 30 June 1952 and 3 February 1953, (exact dates unavailable) the applicant served as a platoon leader with the 1903 Engineer Aviation Battalion, in the Republic of Korea.  

13.  On 3 February 1953, the applicant was released from active duty and transferred to the Officer Reserve Corps, Corps of Engineers.  He had completed 1 year, 2 months, and 11 days of creditable active service during this period of active duty.

14.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 list his awards as the Korean Service Medal with one bronze service star and the United Nations Service Medal.


15.  The applicant provides a copy of a Recommendation for Award of the Bronze Star Medal (DA Form 638) dated 10 March 2006.  The packet includes copies of supporting documentation and a statement of support from the former commander of the 29th Signal Company.  The packet was submitted to the Commander, United States Army Human Resources Command, 200 Stovall Street, Alexandria, Virginia, in accordance with Title 10, United States Code, Section 1130, by a United States Senator from the applicant’s state of Texas.

16.  On 9 November 2006, the Army Decorations Board determined that the degree of action and service rendered did not meet the strict criteria for the proposed award of the Bronze Star Medal.  Based on the board’s recommendation, the Commanding General, United States Army Human Resources Command, on behalf of the Secretary of the Army, disapproved the award of the Bronze Star Medal.

17.  Review of available records indicates that the applicant is authorized additional awards and decorations that are not shown on his WD AGO Form 
53-55 and DD Form 214.

18.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II.  This publication shows that the 29th Signal Company, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation, the Army of Occupation Medal with Germany Clasp, and the French Croix de Guerre. 

19.  The French Fourragere is 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, 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.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign participation credit for units serving in World War II.  This publication shows that the 29th Signal Company, during the time of the applicant's assignment participated in the following four campaign periods: Central Europe, Normandy, Northern France, and Rhineland.
21.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the wear of a bronze service star on the European-African-Middle Eastern Service Medal for participation in each campaign.

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

23.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

24.  The Government of the Republic of Korea issued the Korean War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Bronze Star Medal has been carefully considered.  However, he has not provided any additional evidence or argument to show that the decision made by the Army Decorations Board was in error or unjust.  Therefore, the applicant’s request should not be granted.

2.  Records shows that the applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation and the Army of Occupational Medal with Germany Clasp.  Therefore, his records should be corrected to show these unit awards.

3.  Records show that the applicant’s unit was cited in general orders for award of the French Croix de Guerre.  Therefore, his records should be corrected to show this foreign unit award, but that no emblem was authorized.
4.  Records show that the applicant participated in four campaign periods during his service in the European Theater of Operations.  Therefore, he is eligible for award of four bronze service stars to be affixed to his European-African-Middle Eastern Service Medal.  His WD AGO Form 53-55 should also be corrected to add the Central Europe Campaign.

5.  The available evidence shows that the applicant served during a qualifying period for award of the World War II Victory Medal.  Therefore, his records should be corrected to show this award. 

6.  The available evidence shows that the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award. 

7.  The available evidence shows that the applicant served during a qualifying period for award of the Republic of Korea - Korean War Service Medal.  Therefore, his records should be corrected to show this foreign award.

8.  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.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 February 1953; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
2 February 1956.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JLP___  __LDS__  __JGH___  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 concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by:

a.  showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Meritorious Unit Commendation, Army of Occupation Medal with Germany Clasp, World War II Victory Medal, four bronze service stars to be affixed to his European-African-Middle Eastern Service Medal, and the French Croix de Guerre; 

b.  showing in Item 55 (Remarks) of his WD AGO Form 53-55, "French Croix de Guerre—No Citation—No Emblem Authorized.";

c.  showing that, in addition to the campaigns shown on his WD AGO Form 53-55, his campaigns include Central Europe; and

d.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the National Defense Service Medal and the Republic of Korea - Korean War Service Medal.





___    Linda D. Simmons____
          CHAIRPERSON




INDEX

CASE ID
AR20070003570
SUFFIX

RECON
 
DATE BOARDED
20070726
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.