RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070017656 


	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:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Donald L. Lewy

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 Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show his military occupational specialty as 745 (Rifleman) and that he participated in the campaign at Anzio.  

2.  The applicant states that he was never a military policeman.  He served as an infantry rifleman with the 15th Infantry Regiment.

3.  The applicant provides copies of his WD AGO Form 53-55 and DD Form 215 (Correction to DD Form 214).

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 request for correction of his MOS and his request to show his participation at Anzio is presented in a letter referencing the docket number of a previous ABCMR application he had filed.  However, these are new issues unrelated to his previous case.  As an exception to usual procedure, this request will be considered on the letter request.

3.  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.  


4.  On 3 November 1942, the applicant was inducted into the Army of the United States.  On 21 March 1943, he deployed to the European Theater of Operations (ETO), and returned to the United States on 14 September 1945.  He was discharged on 21 September 1945 with an honorable characterization of service. He had attained the rank of technician fifth grade and had completed 2 years, 
10 months, and 5 days of creditable active service.

5.  Item 6 (Organization) of the applicant’s WD AGO Form 53-55, as corrected, shows his unit as Company K, 15th Infantry Regiment, 3rd Infantry Division. 

6.  Item 30 (Military Occupational Specialty) shows 677, Military Policeman. 

7.  Item 31 (Military Qualification and Date) lists the Combat Infantryman Badge.

8.  Item 32 (Battles and Campaigns) of his WD AGO 53-55, lists the following seven campaigns:  Ardennes-Alsace, Naples-Foggia, Rhineland, Rome-Arno, Sicily, Southern France, and Tunisia.  It does not list the Anzio Campaign.  

9.  Item 33 (Decorations and Citations) of his WD AGO 53-55, as corrected, lists his awards as the Purple Heart; Bronze Star Medal; Good Conduct Medal; European-African-Middle Eastern Service Medal with one silver service star, 
2 bronze service stars, and one bronze arrowhead; and the World War II Victory Medal.

10.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 shows that he was wounded on 15 March 1944 on the beachhead at Anzio, Italy. 
 
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 15th Infantry Regiment, during the time of the applicant's assignment participated in the following nine campaign periods: Anzio, Ardennes-Alsace, Central Europe, Naples-Foggia, Rhineland, Rome-Arno, Sicily, Southern France, and Tunisia. 

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 participation in five campaigns.


13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant was an infantryman in an infantry unit during his assignment in the ETO.  He was wounded at Anzio and received the Combat Infantryman Badge.  Therefore is reasonable to presume that his MOS was 745, Rifleman, and not 677, Military Policeman.  Therefore, his records should be corrected to show his MOS as 745, Rifleman.

2.  Records show that the applicant’s unit, during the period of his assignment, participated in nine campaigns.  His WD AGO Form 53-55 only shows seven of these campaigns.  Therefore, his records should be corrected to add Anzio and Central Europe. 

3.  The available evidence clearly shows that the applicant participated in nine campaign periods.  Therefore, two bronze service stars should be affixed to his already-awarded European-African-Middle Eastern Service Medal with one silver service star and two bronze service stars and bronze arrowhead.

4.  Records show that the applicant served during a qualifying period for award of the American Campaign Medal.  Therefore, his records should be corrected to show this award.








BOARD VOTE:

__LDS___ __ECP__  __DLL___  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.  deleting in Item 30 of his WD AGO Form 53-55 Military Policeman, 677 and adding Rifleman, 745;

	b.  adding in Item 32 of his WD AGO Form 53-55 the Anzio and Central Europe campaigns;

	c.  deleting in Item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Service Medal with one silver service star, 2 bronze service stars, and bronze service arrowhead; and

	d.  adding in Item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Service Medal with one silver service star, 4 bronze service stars, and one bronze arrowhead; and the American Campaign Medal.






__    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.