RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20070016005 


	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:




Chairperson



Member



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, a fifth award of the bronze service star to be affixed to the European-African-Middle Eastern Campaign Medal with four bronze service stars, combat assault credit (i.e. an arrowhead to be affixed to the European-African-Middle Eastern Campaign Medal), and the World War II Victory Medal.  

2.  The applicant states, in effect, that he was assigned to the 72nd Signal Company and that he participated in five campaigns during World War II (Algeria-French Morocco, Tunisia, Sicily, Naples-Foggia, and Rome-Arno) and one amphibious landing on 10 July 1943 in Sicily.  He also contends that he left this unit sometime in July or August 1944.   

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a letter, dated 11 August 2007, from a member of his unit at the time in question.  

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 enlisted on 1 June 1940.  He served in the European Theater of Operations from 8 November 1942 through 17 August 1944 and was honorably discharged on 8 July 1945.  

4.  The applicant’s WD AGO Form 53-55 shows that he was assigned to the 847th Signal Training Battalion.  Item 32 on his WD AGO Form 53-55 shows that he participated in 4 battles and campaigns (Algeria-French Morocco, Sicily, Naples-Foggia, and Rome-Arno).  His WD AGO Form 53-55 shows the American Defense Service Medal and the European-African-Middle Eastern Campaign Medal with four bronze service stars as authorized awards.  His WD AGO Form 53-55 also shows that he served 3 years and 2 months of continental service. 

5.  There is no evidence of record which shows the applicant participated in a combat parachute jump or assault landing during World War II.  

6.  In support of his claim, the applicant provided a letter, dated 11 August 2007, from a member of his unit at the time in question.  This Soldier attests, in effect, that although the Tunisia campaign is not listed on his WD AGO Form 53-55, when his medals arrived there was a notation including the Tunisia campaign.  He also attests that the applicant is entitled to the American Defense Service Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one silver service star and an arrowhead, the World War II Victory Medal, and the Good Conduct Medal.      

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This document does not show the 847th Signal Training Battalion as an authorized unit. 

8.  Department of the Army Pamphlet 672-1 shows the 72nd Signal Company participated in 9 campaigns (Algeria-French Morocco, Anzio, Ardennes-Alsace, Central Europe, Naples-Foggia, Rhineland, Rome-Arno, Sicily, and Southern France) during World War II.

9.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 600-8-22 provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.

11.  Army Regulation 600-8-22 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.

12.  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 includes permanent assignment outside the continental United States, 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 1 year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s WD AGO Form 53-55 shows his organization was the 847th Signal Training Battalion.  Although the applicant contends that he was assigned to the 72nd Signal Company (and there is no evidence of record, such as a Morning Report or orders, to confirm that he was) when he participated in the Tunisia campaign, the Department of the Army Pamphlet 672-1 shows the 72nd Signal Company did not participate in the Tunisia campaign during World War II. Therefore, there is insufficient evidence on which to amend his WD AGO Form 53-55 to show a fifth award of the bronze service star for this campaign.

2.  There is no evidence of record, and the applicant has provided no evidence such as an eyewitness statement, which shows that he participated in an amphibious assault landing during World War II.  The letter provided by a member of the applicant’s unit at the time in question does not specifically state that the applicant participated in an amphibious assault landing on 10 July 1943 in Sicily.  Regrettably, there is insufficient evidence on which to award an arrowhead to be affixed to his European-African-Middle Eastern Campaign Medal with four bronze service stars.

3.  The applicant served a period of qualifying service for award of the World War II Victory Medal.

4.  The applicant served a period of qualifying service for award of the American Campaign Medal based on active duty service within the continental United States for an aggregate period of 1 year between 7 December 1941 and
8 July 1945.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x_____  __x___  __x____  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 adding the World War II Victory Medal and the American Campaign Medal to his WD AGO Form 53-55.

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 a fifth award of the bronze service star to be affixed to the European-African-Middle Eastern Campaign Medal with four bronze service stars and combat assault credit.




      	       __            x______
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070016005


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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