RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 November 2007
	DOCKET NUMBER:  AR20070009396 


	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:


Mr. John T. Meixell

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Scott W. Faught

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 participation in the Central Europe Campaign during World War II (WWII).

2.  The applicant states that credit for participation in this campaign was omitted because the unit he served with during WWII (Headquarters Detachment, 71st Ordnance Battalion) is not the same unit shown on his discharge record (Headquarters Detachment, 84th Ordnance Battalion). 

3.  The applicant provided a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and copies of several letters mailed in March, April, and May 1945, while the applicant was assigned to the 71st Ordnance Battalion.

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.  The applicant’s complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that a portion of the applicant’s records were lost or destroyed in that fire.  However, the remaining documents together with the documents the applicant submitted were sufficient to conduct a fair and impartial review in this case.

3.  The applicant's WD AGO 53-55 shows that he was inducted into the Army of the United States on 9 June 1943 and entered active service on 30 June 1943 in New York City, New York, in military occupational specialty (MOS) 776 (Radio Operator-Low Speed).  This form also shows that he was assigned to Headquarters, 84th Ordnance Battalion.


4.  The applicant's WD AGO Form 53-55 further shows he served in the European-African-Middle Eastern (EAME) Theater of Operations during the period 28 March 1944 through 23 November 1945.

5.  The applicant's WD AGO Form 53-55 also shows he completed 9 months and 19 days of continental service and 1 year, 8 months, and 13 days of foreign service.  He was honorably separated at Fort Dix, New Jersey, on 10 December 1945.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Ardennes, Normandy, Northern France, and Rhineland campaigns of WWII.  Item 32 does not show participation in the Central Europe campaign of WWII.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant was awarded the European-African-Middle Eastern Campaign Medal or the World War II Victory Medal.

8.  The applicant provided copies of several personal letters mailed from the area of operations during the months of March, April, and May 1945.  These letters were addressed to his mother in Brooklyn, New York.  The return address on those letters was clearly marked with the applicant's name and service number, as well as the unit "Headquarters, 71st Ordnance Battalion, APO NY 230." 

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned, the 71st Ordnance Battalion was credited with participation in the Ardennes, Normandy, Northern France, Central Europe and Rhineland Campaigns of WWII.

10.  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 Table B-1 of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the European-African-Middle Eastern Campaign Medal.  A silver service star is worn instead of five bronze service stars.

11.  A further review of the applicant’s records determined that he is entitled to additional awards and decorations not shown on his WD AGO Form 53-55.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, 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 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows that Headquarters Detachment, 71st Ordnance Battalion received occupation credit in Germany for the period 2 May 1945 through 15 August 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show participation in the Central Europe Campaign during WWII.

2.  Evidence of record shows that the applicant was assigned to Headquarters Detachment, 71st Ordnance Battalion and that this unit was credited with participation in five campaigns (Ardennes, Normandy, Northern France, Central Europe, and Rhineland).  Therefore, he is entitled to correction of his discharge document to show one silver service star, for the Ardennes, Normandy, Northern France, Central Europe, and Rhineland, to be worn on his European-African-Middle Eastern Campaign Medal.

3.  Evidence of record shows that the applicant was assigned to a unit that received occupation credit.  Therefore, he is entitled to award of the Army of Occupational Medal, with Germany Clasp and correction of his records to show this award.

BOARD VOTE:

__jtm___  __jrm___  __swf___  GRANT FULL RELIEF 

_________  _______  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Army of Occupational Medal, with Germany Clasp and one silver service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.



						John T. Meixell
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070009396
SUFFIX

RECON

DATE BOARDED
20071129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.