RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070013306 


	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

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

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, in effect, correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show his unit as the 325th Glider Infantry Regiment, 82nd Airborne Division; his six campaigns; his participation in the Battle of the Bulge and the invasion of Holland; his Combat Infantryman Badge; and his Bronze Star Medal. 

2.  The applicant states, in effect, that he has been trying for years to get his records corrected but no one seems to be understanding.  He is now 86 years old and his fighting days are about over.  He states that he served with the 325th Glider Infantry Regiment from April 1943 until about June of 1945, when he was assigned to the 194th Glider Infantry Regiment for the return trip to the United States.   He further states that there is no mention of his taking part in the Battle of the Bulge or the Holland Invasion.

3.  The applicant provides copies of his WD AGO Form 53-55, photographs of him onboard the United States Ship James O’Hara, a citation for heroism from his commanding general, letters from the Consular General of France, and a unit roster dated March 1944.

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 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  On 4 December 1942, the applicant was inducted into the Army of the United States.  He was awarded military occupational specialty 745 (Rifleman).  

4.  On 29 April 1943, the applicant was deployed to the European Theater of Operations (ETO).  On 21 June 1945, he was transferred from the 325th Glider Infantry Regiment, 82nd Airborne Division, to the 194th Glider Infantry Regiment, 17th Airborne Division, and was subsequently returned to the United States on 
6 September 1945.

5.  On 20 September 1945, the applicant was discharged with an honorable characterization of service.  He had attained the rank of sergeant and had completed 2 years, 9 months, and 10 days of creditable active duty service.

6.  Item 6 (Organization) of the applicant's WD AGO Form 53-55 shows the applicant’s unit as the 194th Glider Infantry Regiment.

7.  Item 31 (Military Qualification and Date) of the applicant's WD AGO 
Form 53-55 lists the Combat Infantryman Badge, dated 7 August 1944.

8.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55, lists his campaigns as Ardennes, Central Europe, Naples-Foggia, Normandy, Rhineland, and Sicily.  

9.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 lists his awards as the Good Conduct Medal, European-African-Middle Eastern Service Medal with one bronze arrowhead, and the Distinguished Unit Badge (sic). [This should have read Distinguished Unit Citation and is now known as the Presidential Unit Citation.]   It does not show award of the Bronze Star Medal.

10.   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.





11.  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 325th Glider Infantry Regiment, during the time of the applicant's assignment participated in the following six campaign periods: Ardennes, Central Europe, Naples-Foggia, Normandy, Rhineland, and Sicily.  All of these campaigns occurred prior to 
21 June 1945.

12.  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.  A silver service star denotes five campaigns.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

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 clearly shows that the applicant was transferred from Company C, 325th Glider Infantry Regiment to the 194th Glider Infantry Regiment on 21 June 1945 and was subsequently returned to the United States. All six of his campaigns in the ETO were with the 325th Glider Infantry Regiment. Therefore, his records should be corrected to show the 325th Glider Infantry Regiment as his organization.

2.  The available evidence shows that the applicant was awarded the Combat Infantryman Badge for his service in the European Theater of Operations during World War II.  Accordingly, he is also entitled to award of the Bronze Star Medal. Therefore he should be awarded the Bronze Star Medal.

3.  The available evidence clearly shows that the applicant participated in six campaign periods.  Therefore, he is eligible for award of one silver service star and one bronze service star to be affixed to his already-awarded European-African-Middle Eastern Service Medal with bronze arrowhead.

4.  The applicant’s desire to have his record show his participation in the Battle of the Bulge and the invasion of Holland is understandable.  However, there are no provisions for recording individual battles on the WD AGO Form 53-55.

5.  Available records show that the applicant served during a qualifying period for award of the American Campaign Medal and the World War II Victory Medal.  Therefore, his records should be corrected to show these awards.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ RTD __  _RMN   _  __GJP __  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Bronze Star Medal;

b.  showing in Item 6 of his WD AGO Form 53-55 his Organization as the 325th Glider Infantry Regiment, 82nd Airborne Division; and

c.  showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Bronze Star Medal, American Campaign Medal, World War II Victory Medal, and one silver service star and one bronze service star to be affixed to his already awarded European-African-Middle Eastern Service Medal with bronze arrowhead.

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 showing the applicant’s participation in the Battle of the Bulge or the invasion of Holland.  




__    Richard T. Dunbar______
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.