RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 February 2008
	DOCKET NUMBER:  AR20070015477 


	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

Ms. LaVerne M. Douglas

Member

Mr. John G. Heck

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 Army Serial Number on his certificate, dated 23 March 1977, awarding him the Silver Star, from “12***958” to “12***988.”

2.  The applicant states that the incorrect Army Serial Number was entered on his certificate due to an administrative oversight.  

3.  The applicant provides the following additional documentary evidence in support of his application:

a.  Headquarters, 14th Armored Division, General Orders Number 115, dated 29 August 1945, awarding the applicant the Silver Star. 

b.  Certificate, dated 23 March 1977, awarding him the Silver Star.

c.  WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge), dated 18 November 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 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 applicant's WD AGO Form 53-55 shows that he was recalled to military service on 25 June 1943 and entered into active duty on 9 August 1943 in military occupational specialty (MOS) 861 (Surgical Technician).  His Army Serial Number is listed as “12***988.”  This form further shows that at the time of his separation, he was assigned to the Medical Detachment, 120th Engineer Battalion.

4.  The applicant's WD AGO Form 53-55 further shows he served in the European-African-Middle Eastern (EAME) Theater during the period 28 October 1944 through 2 September 1945.  His records do not reveal that he served in the Asiatic-Pacific Theater during his military service. 

5.  The applicant's WD AGO Form 53-55 shows he completed 1 year, 4 months, and 13 days of continental service and 10 months and 27 days of foreign service. He was honorably separated on 18 November 1945.  His Honorable Discharge Certificate lists his Army Serial Number as “12***988.”

6.  Item 31 (Military Qualifications and Date) shows that the applicant was awarded the Combat Medical Badge on 29 August 1945.

7.  Item 32 (Battles and Campaigns) shows that the applicant participated in the Rhineland and Central Europe campaigns of WWII.

8.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant was awarded the American Theater Campaign Medal, the Asiatic Pacific Campaign Medal with two bronze service stars [sic], the Good Conduct Medal, the Silver Star, the Victory Ribbon, and one Overseas Service Bar.

9.  Headquarters, 14th Armored Division, General Orders Number 115, dated 29 August 1945, shows that the applicant was awarded the Silver Star, while assigned to Company B, 125th Armored Engineer Battalion, 14th Armored Division, for gallantry in action on 5 April 1945 while serving in Germany.  The Orders show the applicant’s Army Serial Number as “12***988.”

10.  Department of the Army Certificate, dated 23 March 1977, shows the applicant was awarded the Silver Star for gallantry in action in the European Theater of Operations on 5 April 1945.  This certificate listed his Army Serial Number as “12***958.”  


11.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal

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.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit, the 125th Armored Engineer Battalion, 14th Armored Division, received credit for participation in the Rhineland campaign (15 September 1944 through 21 March 1945); Central Europe campaign (22 March 1945 through 11 May 1945); and the Ardennes-Alsace campaign (16 December 1944 through 25 January 1945) during World War II.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant’s incorrect Army Serial Number was entered on the certificate that awarded him the Silver Star.  Therefore, he is entitled to correction of his records to show the correct Army Serial Number.

2.  Evidence of record shows that the applicant was awarded the Combat Medical Badge.  Therefore, he is entitled to award of the Bronze Star Medal based on his award of the Combat Medical Badge and correction of his records to show this award.

3.  Evidence of record shows that the applicant served a qualifying period for award of the European-African-Middle Eastern Campaign Medal.  This award was incorrectly listed as the Asiatic-Pacific Campaign Medal.  Therefore, he is entitled to award of European-African-Middle Eastern Campaign Medal and correction of his records to show this award.  

4.  DA Pamphlet 672-1 shows that the applicant's unit, the 125th Armored Engineer Battalion, received credit for participation in the Rhineland, Central Europe, and the Ardennes-Alsace campaigns of WWII.  The applicant's WD AGO Form 53-55 lists the Rhineland and Central Europe campaigns.  Therefore, he is entitled to correction of his records to show participation in the Ardennes-Alsace campaign of WWII.  Additionally, he is entitled to award of three bronze service stars with his European-African-Middle Eastern Campaign Medal to show his participation in three campaigns.  

BOARD VOTE:

__lds___  __lmd___  __jgh___  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.  issuing the applicant a new certificate awarding him the Silver Star with his Army Serial Number shown as “12***988;” 

	b.  deleting the Asiatic-Pacific Campaign Medal with two Bronze Stars from Item 33 (Decorations and Citations) of his WD AGO Form 53-55, dated 18 November 1945;

	c.  adding the Ardennes-Alsace campaign of WWII in Item 32 (Battles and Campaigns) of his WD AGO 53-55; 


	d.  adding award of the European-African-Middle Eastern Campaign Medal with three bronze service stars in Item 33 of his WD AGO Form 53-55; and

	e.  adding award of the Bronze Star Medal in Item 33 of his WD AGO Form 53-55.




						Linda D. Simmons
______________________
          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.