IN THE CASE OF:	  

	BOARD DATE:	  20 May 2008

	DOCKET NUMBER:  AR20070017497 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Bronze Star Medal and that he was a “Ranger” with the 88th Infantry Division during his service in World War II (WW II).

2.  The applicant states that the Bronze Star Medal was awarded after his discharge and was not entered on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).  

3.  The applicant provides a copy of the certificate, dated 27 April 1988, awarding him the Bronze Star Medal; and a photograph of the Bronze Star Medal, in support of his application. 

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 records show that he was inducted into the Army of the United States on 24 November 1942 and entered active duty on 5 December 1942.  He was trained in military occupational specialty (MOS) 345 (Light Truck Driver).  The highest rank/grade he attained during this period of military service was private first class (PFC).  He was assigned to the Anti Tank Company, 351st Infantry Regiment, 88th Infantry Division.  

4.  The applicant's WD AGO Form 53-55 further shows he served in the European-African-Middle Eastern (EAME) Theater during the period 1 December 1943 to 16 August 1945.

5.  The applicant's WD AGO Form 53-55 also shows he completed 1 year, 1 month, and 9 days of continental service; and 1 year, 9 months, and 14 days of foreign service.  He was honorably separated on 27 October 1945.

6.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form  53-55 shows he was awarded the Combat Infantryman Badge.

7.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Po Valley, North Apennines, and the Rome Arno campaigns during WW II.  

8.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the Purple Heart, the Good Conduct Medal, and the European-African-Middle Eastern Campaign Medal.  Item 33 does not show award of the Bronze Star Medal.  

9.  The applicant's WD AGO Form 100 (Separation Qualification Record), a record of job assignments and special training received in the Army and was furnished to the Soldier when he left the service, is not available for review with this case.

10.  The applicant submitted a copy of certificate, issued on 27 April 1988, showing he was awarded the Bronze Star Medal for meritorious achievement in ground combat against and armed enemy during World War II in the European-African-Middle Eastern Theater of Operations. 
11.  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.

12.  During World War II, the 1st Ranger Battalion was sanctioned, recruited, and began training in Scotland under the British Commandos in May 1942.  Nearly 80 percent of the original rangers came from the 34th Infantry Division. Together with the ensuing 3rd and 4th Ranger Battalions, they fought in North Africa and Italy until the Battle of Cisterna, on 29 January 1944, when most of the rangers of the 1st and 3rd Battalions were captured.  Before the
5th Ranger Battalion landing on Dog White Sector, Omaha Beach, the
2nd Ranger Battalion scaled the 150-foot (46 m) cliffs of Pointe du Hoc, a few miles to the west, to destroy a five-gun battery of enemy 155 mm artillery guns.  In order to prepare the Rangers for combat, the Army instituted the United States Army Ranger School.  Initially, all Rangers trained at the school belonged to one of the numerous Ranger companies.  After the Korean War ended and the companies were disbanded, the school continued to train new Rangers.  At the end of the Vietnam War, division and brigade commanders saw that the U.S. Army needed an elite light infantry capable of rapid deployment, so, in 1974, General Abrams created the 1st Ranger Battalion; eight months later, the 2nd Ranger Battalion was created; and in 1984, the 3rd Ranger Battalion and the Regimental Headquarters was created.  In 1986, the 75th Ranger Regiment was formed and their lineage formally authorized. 

13.  The applicant’s records show that he is entitled to additional awards that are not listed on his WD AGO Form 53-55.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  The World War II Victory Medal was established by the act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  




15.  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, or 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.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the European-African-Middle Eastern Campaign Medal.  This regulation 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 of the WD AGO Form 53-55.  This regulation further states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Combat Infantryman Badge during his service in WW II.   Subsequent to his discharge, he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge; however, this award is not listed on his records.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal.

2.  The evidence of record shows that the applicant served a qualifying period for award of the World War II Victory Medal and the American Campaign Medal.  Therefore, he is entitled to correction of his records to show these awards.  

3.  The evidence of record shows that the applicant participated in three campaigns in the European-African-Middle Eastern Theater of Operations during World War II.  Therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

4.  With respect to the applicant’s request to show that he was a Ranger with the 88th Infantry Division, there is no evidence in the available records and the applicant did not provide substantiating evidence that shows he was a Ranger with the 88th Infantry Division during WW II.  Furthermore, there is no evidence 
that he participated in any type of Ranger training.  Therefore, there is insufficient evidence to support the applicant’s contention that he was a Ranger with the 88th Infantry Division in this case. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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 showing award of the Bronze Star Medal, the World War II Victory Medal, the American Campaign Medal, and two bronze service stars be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

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 being a Ranger with the 88th Infantry Division.



								XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070017497



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ABCMR Record of Proceedings (cont)                                         AR20070017497



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