RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20070014427 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 the records of her deceased husband, hereafter referred to as the former service member (FSM), be corrected to show he served with the 513th Parachute Infantry Regiment (PIR), and his date of discharge be corrected to show 2 October 1945.

2.  The applicant states the FSM's records show he served with the 531st PIR, 17th Airborne Division.  She adds this is incorrect and does not conform to other documents in his records.

3.  The applicant provides: 

	a.  The FSM's Certificate of Death.  This document shows that the applicant is the FSM's widow.

	b.  A copy of the FSM's WD AGO Form 53-33 (Enlisted Record and Report of Separation -  Honorable Discharge).

	c.  A copy of a document from "Records of World War II Prisoners of War" – Record Group 389.

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 FSM’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.  The FSM's WD AGO Form 53-55 shows he served from 17 April 1943 to 2 October 1943 (sic).  It further shows he was assigned to Headquarters Company, 3rd Battalion, 531st (sic) Parachute Infantry Regiment, 17th Airborne Division.  It also shows he was awarded the European-African-Middle eastern Campaign Medal with 1 Battle (now Bronze Service) Star, the Purple Heart, the Good Conduct Medal, the Combat Infantryman Badge, the Parachutist Badge, the Expert Marksmanship Qualification Badge with Carbine Bar, Rifle Bar (M-1), 81mm Mortar Bar, and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.

4.  The FSM's Honorable Discharge Certificate shows he was discharged on 2 October 1945.

5.  Documents from the National Archives and Records Administration (NARA) show that the FSM became a prisoner of war on 7 January 1945 in Belgium.

6.  Documents from the National Personnel Records Center (NPRC), St. Louis, MO show the FSM is entitled to the Bronze Star Medal, the American Campaign Medal, and the World War II Victory Medal in addition to those awards already shown on his WD AGO Form 53-55.

7.  Historical records of the 17th Airborne Division provide:

	a.  The 17th Airborne Division ("Thunder from Heaven") was activated at Camp Mackall, NC on April 15, 1943 under the command of General William M. Miley.  The core units of the newly-formed division were the 513th Parachute Infantry Regiment (PIR) and the 193rd and 194th Glider Infantry Regiments (GIR).  After the Normandy invasion the 507th Parachute Infantry Regiment was permanently attached to the division which was stationed in the United Kingdom from 25 August to 23 December 1944.

	b.  Toward the end of August 1944, the 17th Airborne Division, the 82nd Airborne Division and the 101st Airborne Division became permanent units of the US XVIII Airborne Corps.  When Operation Market Garden was conceived, the 17th Airborne was still in training.  Consequently, it was held in reserve.  This was not the case during the German Ardennes Offensive.

	c.  From 23 to 25 December 1944, elements of the Division were flown to the Reims area in France in spectacular night flights.  These elements closed in at Mourmelon.  After taking over the defense of the Meuse River sector from 

Givet to Verdun on 25 December 1944, the 17th moved to Neufchateau, Belgium, then marched through the snow to Morhet, relieving the 28th Infantry Division on 3 January 1945.

	d.  The Division entered the Ardennes campaign, 4 to 9 January 1945, at the Battle of Dead Man's Ridge.  It captured several small Belgian towns and entered Flamierge, 7 January 1945, but enemy counterattacks necessitated a withdrawal. However, constant pressure and aggressive patrolling caused the enemy to retreat to the Our River.  On 18 January 1945, the Division relieved the 11th Armored Division at Houffalize, pushed enemy remnants from the Bulge, and seized Wattermal and Espeler on 26 January1945.  Coming under the III Corps, the 17th turned toward Luxembourg, taking Eschweiler and Clervaux and clearing the enemy from the west bank of the Our River.  Aggressive patrols crossed the river to probe the Siegfried Line defenses and established a limited bridgehead near Dasburg before being relieved by the 6th Armored Division on 10 February 1945.

	e.  In early February 1945, the tide of battle was such as to enable an accurate estimate as to when and where the 2nd British Army would be ready to force a crossing of the Rhine River.  It was determined that the crossing would be in conjunction with an airborne operation by XVIII Airborne Corps.

	f.  The sector selected for the assault was in the vicinity of Wesel, just north of the Ruhr, for 24 March 1945.  Operation Varsity would be the last full scale airborne drop of World War II and the assignment went to the 17th Airborne Division with the 507th spearheading the assault dropping at the southern edge of the Diersfordter Forest, three mile northwest of Wesel.

	g.  Finally, on 24 March 1945, taking off from marshalling areas in France in nearly perfect weather, nearly 4000 aircraft from the British 6th Airborne Division and the 17th US Airborne Division dropped fighting men behind enemy lines, into Westphalia in the vicinity of Weselon which was east of the Rhine River. Their mission was to capture key points and so assist the advance of the ground troops.  Having learned the lessons from the Arnhem battle, the gliders and paratroops landed close to their targets and achieved total success.

	h.  Operation Varsity was the first airborne invasion over the Rhine into Germany itself.  On the 25th, the Division had secured bridges over the Issel River and had entrenched itself firmly along the Issel Canal.  Moving eastward, it captured Haltern on 29 March, and Munster on 2 April.  The 17th then entered the battle of the Ruhr Pocket, relieving the 79th Infantry Division.  It crossed the 

Rhine-Herne Canal on 6 April and set up a secure bridgehead for the attack on Essen.  The "Pittsburgh of the Ruhr" fell on 10 April 1945 and the industrial cities of Mulheim and Duisburg were cleared in the continuing attack.

	i.  Military government duties began for the 17th Airborne Division on 12 April 1945, and active contact with the enemy ceased on 18 April.  The Division came under the XXII Corps 24 April.  It continued its occupation duties until 15 June 1945 when it returned to France for redeployment.  In September 1945, the 17th Airborne Division returned home and was disbanded.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's WD AGO Form 53-55 contains administrative errors which require correction.

2.  The FSM served in the 17th Airborne Division.  There was no 531st PIR assigned to the 17th Airborne Division; the 513th PIR was assigned to the division.  The FSM's WD AGO Form 53-55 has a typographical error in Block 6 (Organization) – it should show "Hq Co, 3rd Bn, 513th PIR, 17th Abn Div" not 531st PIR.  This should be corrected.

3.  The FSM was discharged on 2 October 1945.  His WD AGO Form 53-55 has a typographical error in Block 7 (date of Separation) – it should show "2 October 1945" not 2 October 1943.

4.  The FSM's WD AGO Form 53-55 should reflect the following additional awards in Block 33 (Decorations and Citations):  the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, and the Prisoner of War Medal.  These decorations should be added to his WD AGO Form 53-55.

5.  The FSM was a true, unsung American hero.  The applicant and all others concerned should know that the sacrifices made by the FSM in service to our Nation are greatly appreciated.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.


BOARD VOTE:

__xxx___  __xxx___  __xxx___  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:

	a.  Awarding the applicant on behalf of the FSM the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, and the Prisoner of War Medal; and

	b.  Correcting the FSM's WD AGO Form 53-55 to show his organization as "Hq Co, 3rd Bn, 513th PIR, 17th Abn Div"; his date of separation as "2 October 1945"; and then additional awards of the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, and the Prisoner of War Medal.


						XXX
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070014427



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