RECORD OF PROCEEDINGS


	IN THE CASE OF:   	  


	BOARD DATE:	  20 December 2007
	DOCKET NUMBER:  AR20070009457 


	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:


Mr. Richard T. Dunbar

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Jerome L. Pionk

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 Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show his unit as the 190th Field Artillery Battalion, award of the bronze arrowhead, and to delete the Philippine Liberation Ribbon.

2.  The applicant states, in effect, that his entire period of combat service was with the 190th Field Artillery Battalion.  In July 1945, he was reassigned to the 277th Field Artillery Battalion and returned with this unit to the United States in August 1945. He further states that he never served in the Pacific.  He also states that his bronze arrowhead for the assault on Normandy was omitted from his record.  

3.  The applicant provides a copy of his WD AGO Form 53-55, a letter from the Union County Veterans Affairs, a chronological list of positions occupied by the 190th Field Artillery Battalion from January 13, 1941 to 19 June 1945.

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 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.

3.  The applicant's WD AGO Form 53-55 shows that he enlisted in the Army National Guard on 25 September 1940.  He entered into the active service on 
13 January 1941.  His military occupational specialty was 821 (Supply).  

4.  On 31 August 1942, the applicant departed the United States for duty in the European Theater of Operations (ETO).  He arrived in the ETO on 6 September 1942.  The applicant participated in the following five campaign periods: Normandy, Northern France, Rhineland, Ardennes-Alsace, and the Central Europe.

5.  Item 6 (Organization) of the applicant’s WD AGO Form 53-55 shows his unit as the 277th Field Artillery Battalion.  

6.   Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided, in pertinent part, that Item 6 (Organization) of the WD AGO Form 53-55 was to show the last unit, or similar element to which the Soldier was assigned, rather than the element of which the Soldier was a part of while moving to a separation activity.  Assignments to units for the purpose of transferring from the theater to the United States were considered part of the movement to a separation activity.

7.  Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55 lists the Good Conduct Medal, Philippine Liberation Ribbon, and the European, African, Middle-Eastern Service Medal with five bronze service stars. [Currently a silver service star denotes participation in five campaigns.]  It does not show the Army Occupation Medal with Germany Clasp or a bronze arrowhead.

8.  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 190th Field Artillery Battalion, during the time of the applicant's assignment, was cited in general orders for award of the Army of Occupation Medal with Germany Clasp, and received credit for an assault on Normandy. 

9.  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 190th Field Artillery Battalion, during the time of the applicant's assignment, participated in the following five campaign periods: Normandy, Northern France, Rhineland, Ardennes-Alsace, and the Central Europe.  This publication also shows that it was cited in general orders for assault credit on Normandy and the Army of Occupation Medal with Germany Clasp. 


10.  Department of the Army Pamphlet 672-1 further shows that the 277th Field Artillery Battalion participated in only four of the same campaign periods as the 190th Field Artillery Battalion, but did not take part in the Normandy campaign or receive credit for an assault on Normandy.

11.  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 and a bronze arrowhead for each assault landing.

12.  The chronological list of positions occupied by the 190th Field Artillery Battalion, provided by the applicant, shows that this unit departed the United States on 31 August 1942 and arrived in Grennock, Scotland, on 6 September 1942.  

13.  Paragraph 9-15 of Army Regulation 600-8-22 (Military Awards) provides that the Philippine Liberation Ribbon is awarded for service in the liberation of the Philippines from 17 October 1944 to 3 September 1945, under any of the following conditions:  (1) participated in the initial landing operations on Leyte or adjoining islands from 17 October 1944 to 20 October 1944.  An individual will be considered as having participated in such operations if he landed on Leyte or adjoining islands, was on a ship in Philippine waters, or was a crewmember of an airplane which flew over Philippine territory during the period; (2) participated in any engagement against the enemy during the campaign on Leyte and adjoining islands.  An individual will be considered as having participated in combat if he meets any of the conditions set forth in paragraph 9-14a(2) through (4); (3) participated in any engagement against the enemy on islands other than those included in (2) above.  An individual will be considered as having participated in combat if he or she meets any of the conditions set forth in paragraph 9-14a(2) through (4); or (4) served in the Philippine Islands or on ships in Philippine waters for not less than 30 days during the period.  An individual who meets more than one of the conditions set forth above is authorized to wear a bronze service star on the ribbon for each additional condition under which he or she qualified other than that under which he or she is eligible for the initial award of the ribbon. 

14.  Army Regulation 600-8-22 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.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant departed the United States and arrived in the ETO on the same dates as the 190th Field Artillery Battalion.  The evidence further shows that the applicant participated in the same campaigns as the 190th Field Artillery Battalion.

2.   The available evidence shows that the 277th Field Artillery Battalion did not participate in either the Normandy assault or in the Normandy Campaign. 

3.  The applicant clearly states that he was reassigned to the 277th Field Artillery Battalion in July 1945 and returned to the United States with this unit.  Regulatory guidance at the time provided that Item 6 (Organization) of the WD AGO Form 53-55 was to list the individual’s theater unit and not the unit he happened to return with to the United States.

4.  In view of the above, it is reasonable to believe that the applicant served with the 190th Field Artillery during his campaigns in the ETO.  Therefore, his records should be corrected to show the 190th Field Artillery Battalion as his organization.

5.  The available evidence clearly shows that the applicant served in the ETO, and not in the Pacific Theater of Operations.  There is no evidence showing that he was ever assigned to, or performed any duty in the Philippine Islands.  Therefore, he was never eligible for award of the Philippine Liberation Ribbon, and his request to remove it from his records should be granted. 




6.  The available evidence clearly shows that the 190th Field Artillery Battalion received assault landing credit for Normandy during the time of the applicant’s assignment.  Therefore, his records should be corrected to show award of a bronze arrowhead to be affixed to his European, African, Middle-Eastern Service Medal.

7.  The available evidence clearly shows that the applicant served in the ETO during World War II and was not in the Philippine Islands during the qualifying period for award of the Philippine Liberation Ribbon.  Therefore, his request to remove this award from his record should be granted.

8.  Available evidence shows that the applicant served during a qualifying period for award of the American Campaign Medal, Army of Occupation Medal with Germany Clasp, and the World War II Victory Medal.  Therefore, his records should be corrected to show these awards.

BOARD VOTE:

_ JLP____  __JRM__  __RTD  _  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, in particular his WD AGO Form 53-55, be corrected by:

a.  showing in Item 6 (Organization): 190th Field Artillery Battalion; 

b.  deleting in Item 33 (Decorations and Citations): Philippine Liberation ribbon; and




c.  showing in Item 33 (Decorations and Citations), in addition to awards already shown, that his awards include the American Campaign Medal, Army of Occupation Medal with Germany Clasp, World War II Victory Medal, and a bronze arrowhead to be affixed to his already awarded European, African, Middle-Eastern Service Medal.





__    Richard T. Dunbar ___
          CHAIRPERSON




INDEX

CASE ID
AR20070009457
SUFFIX

RECON

DATE BOARDED
20071220
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
100
2.
107
3.

4.

5.

6.