RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 October 2007
	DOCKET NUMBER:  AR20070009309 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

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: 

	a.  Reconsideration of his earlier request for award of the Bronze Star Medal.

	b.  Award of the Bronze Star Arrowhead (sic) [thought to be a bronze arrowhead device to denote his participation in an assault landing in a campaign during World War II].

2.  The applicant states, in effect, that he has been searching the Internet in the past two years and has recently found material about the history of the 66th Infantry Division during World War II (WWII) that supports his entitlement to award of the Bronze Star Medal and the Bronze Star Arrowhead. 

3.  The applicant provided a copy of a letter he received from a friend he met in France during WWII, an Internet printout from a commercial website (www.lonesentry.com) titled: The Story of the 66th Infantry Division, and extracts from the Internet of the criteria for award of the Bronze Star Medal and the Bronze Star Arrowhead.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  A portion of the applicant's request involves reconsideration of his previous denial for award of the Bronze Star Medal considered in ABCMR Docket Number AR20060014277, on 17 April 2007.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15a governs requests for reconsideration.  This provision of regulation allows an applicant to request reconsideration of an earlier decision of the ABCMR if the request is received within one year of the original decision and it has not previously been reconsidered.  Such requests must provide new evidence or argument that was not considered at the time of the ABCMR's prior consideration.  The ABCMR reviewed the applicant's request for reconsideration and determined that, although it was received within one year of the ABCMR's original decision, it did not include any new evidence or argument to substantiate award of the Bronze Star Medal.  As a result, his request for reconsideration of the Bronze Star Medal does not meet the criteria outlined above and will not be discussed further in this Record of Proceedings.  He has been advised of this action by separate correspondence.

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 records show that he was inducted into the Army of the United States on 25 May 1942.  He served in the European Theater of Operations during the period 1 December 1944 to 25 December 1945.  He attained the rank of technician fifth grade.  

5.  The applicant’s WD AGO Form 100 (Separation Qualification Record) shows that he served in the European Theater of Operations for 13 months.  He drove a full track military vehicle used for towing 155 mm howitzers into position.  He also made minor repairs to his vehicle.

6.  Item 30 (Military Occupational Specialty and Number) of the applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows that his military occupational specialty (MOS) was 735 (Full Track Driver).  

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55, as corrected by a DD Form 215 (Correction to DD Form 214), dated 1 March 2005, shows he was awarded the Army Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp, and the Driver and Mechanic Badge with Driver-T and Mechanic Bars.  It does not show award of a Bronze Arrowhead.


8.  The applicant, while a member of the 721st Field Artillery Battalion, 66th Infantry Division, was awarded a Certificate of Merit in recognition of conspicuously meritorious and outstanding performance of military duties from 1 January to 8 May 1945 in Brittany, France. 

9.  The Internet printout submitted by the applicant tells the story of the 66th Infantry Division during WWII.  It briefly described the division's departure from England on board transport ships on 24 December 1944.  It also touches on some of the dangers encountered by the division personnel enroute to England by German U-boats.  The article mentioned the SS Leopoldville, a Belgian passenger ship that was converted into a transport and was hit by a German U-boat torpedo. 

10.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit, the 721st Field Artillery Battalion, 66th Infantry Division, received credit for participation in the campaign in Northern France during World War II.  DA Pamphlet 672-1 shows that this campaign extended from 25 July 1944 through 14 September 1944.  

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the bronze “arrowhead” 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 is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Bronze Star Arrowhead (sic).

2.  The article provided by the applicant comes from the web site www.lonesentry.com which was taken from a series of stories published by the Stars and Stripes in Europe during WWII.  The Stars and Stripes is not an official publication of the Department of the Army and is not subject to review or revision by the Center of Military History.  However, if the facts in the web site article are correct, the applicant's unit landed in France on 25 December 1944, some 6 months after the Normandy Invasion on D-Day; this did not qualify as an assault landing.

3.  DA Pamphlet 672-1 does not show that the 721st Field Artillery Battalion was awarded an assault landing credit.  The War Department did not publish General Orders to award the 721st Artillery Battalion credit for an assault landing in Northern France.  The applicant did not provide any documentary evidence to show that he physically participated in an amphibious assault landing.  He is therefore ineligible for award of a bronze arrowhead device.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__lds___  __swf___  __rsv___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.


							Linda D. Simmons
______________________
          CHAIRPERSON



INDEX

CASE ID
AR20070009309
SUFFIX

RECON

DATE BOARDED
20071025
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.