RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 April 2008
	DOCKET NUMBER:  AR20070017996 


	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:


Mr. Lester Echols

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Larry W. Racster

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 service records to show all awards earned and his time served overseas.

2.  The applicant states that his awards and overseas service were not listed on his separation record and that it is important to him that his record is accurate.

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

	a.  WD AGO Form 55 (Army of the United States Honorable Discharge and Enlisted Record of Service), dated 26 December 1944;

	b.  WD AGO Form 53-98 (Military Record and Report of Separation-Certificate of Service), dated 28 October 1945;

	c.  Headquarters, XVIII Corps (Airborne), General Orders 29, dated 21 April 1945, awarding the Air Medal;

	d.  Headquarters, War Department Personnel Center, Camp Chaffee, Arkansas, Special Orders Number 230, dated 18 August 1945, Reception Station Transfer List;

	e.  Headquarters, War Department Personnel Center, Camp Chaffee, Arkansas, Special Orders Number 196, dated 15 July 1945, Movement to Assembly Station Order;

	f.  Headquarters, XVIII Corps (Airborne), Camp Campbell, Kentucky, Message from the Corps Commander, Lieutenant General Ridgeway, dated
15 October 1945;

	g.  Memorandum, dated 12 April 1945, Recommendation for Award of the Air Medal;

	h.  Headquarters, XVIII Corps (Airborne), Special Orders Number 187, dated 13 September 1944, Assignment Orders;

	i.  Headquarters, XVIII Corps Artillery (Airborne), Fort Bragg, North Carolina, Special Orders Number 94, dated 15 July 1944, Temporary Duty Travel Orders;

	j.  Headquarters XVIII Artillery (Airborne), Camp Livingston, Louisiana, Special Orders Number 50, dated 6 May 1944, Temporary Duty Travel Orders; and 

	k.  Headquarters, Ninth U.S. Army, Special Orders Number 136, dated 16 May 1945, Promotion to 1st Lieutenant (1LT).

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 served during World War II (WWII) as both an enlisted Soldier and as an officer.  The record shows he enlisted on 10 September 1942; he rose to the rank of Staff Sergeant; he served as an enlisted liaison pilot; and he was honorably discharged in Werbomont, Belgium on 26 December 1944 in order to accept appointment as a Second Lieutenant.  His WD AGO Form 55 shows he was awarded the Good Conduct Medal and the Marksman Marksmanship Qualification Badge with Carbine Bar.  It does not reflect his overseas service other than to indicate he was discharged in Belgium.

4.  The applicant was appointed a Second Lieutenant on 27 December 1944 and promoted to First Lieutenant on 16 May 1945.  His WD AGO Form 53-98 shows he served as a liaison pilot observer with Headquarters, XVIII Corps Artillery 


(Airborne), and that he was relieved from active duty on 28 October 1945 at Camp Atterbury, Indiana.  Items 28 (Battles and Campaigns), 29 (Decorations and Citations), 30 (Wounds received in Action), and 32 (Service Outside Continental U.S. and Return) contain no entries.

5.  The various orders provided by the applicant somewhat establish a history of his service.

	a.  Headquarters, XVIII Corps Artillery (Airborne), Camp Livingston, Louisiana, Special Orders Number 50, dated 6 May 1944, show the applicant was ordered to proceed on temporary duty from Livingston, Louisiana, to Fort Bragg, North Carolina, on or about 9 May 1944 for the purpose of ferrying two government airplanes;

	b.  Headquarters XVIII Corps Artillery (Airborne), Fort Bragg, North Carolina, Special Orders Number 94, dated 15 July 1944, show the applicant was ordered to proceed on temporary duty in connection with XVIII Corps Artillery (Airborne) activities, from Fort Bragg, North Carolina to Washington, D.C. and return;

	c.  Headquarters, XVIII Corps (Airborne), Special Orders Number 187, dated 13 September 1944, show the applicant was ordered assigned to Headquarters Battery, XVIII Corps Artillery (Airborne), effective 27 December 1944.  The Orders further stated that the applicant would participate regularly and frequently in aerial flights; and

	d.  Headquarters, XVIII Corps (Airborne) Special Orders Number 29, dated 21 April 1945, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight between 24 December 1944 and 8 April 1945 in the European Theater of Operations.

6.  The applicant submitted a copy of the XVIII Corps (Airborne) Commanding General's message of appreciation, dated 15 October 1945, addressed to all the troops who participated in combat operations in the European Theater of Operations.  

7.  A history of the applicant's unit – Headquarters, XVIII Corps (Airborne) – provides the following information.

	a.  On 27 August 1944, Headquarters and Headquarters Company and Headquarters and Headquarters Battery, Corps Artillery, XVIII Corps arrived from 

the United States at Ogbourne St. George, England, to learn that as of that date it had been redesignated the U.S. XVIII Airborne Corps.  It was immediately placed under the command of Major General Matthew B. Ridgway, who until then was the Commanding General of the 82nd Airborne Division.  Meanwhile, Assistant Division Commander, General James Gavin was also promoted and assumed command of the 82nd Airborne.  Under General Ridgway's new command were the 82nd, 101st and 17th Airborne Divisions.  The 82nd and 101st Divisions were already in England after the successful completion of Operation Neptune, the airborne operation for the invasion of Normandy.  The 17th Airborne Division was in the process of disembarking in England from the United States.  It was at this time that the 507th Parachute Infantry Regiment (PIR) which was part of the 82nd Airborne Division during Operation Neptune was permanently assigned to the 17th Airborne Division.

	b.  Detailed planning for various airborne operations were already in progress for a series of targets such as the Seine River, the areas Rambouillet-Chartres-Etampes, the areas Lille-Tourcoing-Tournai, and Walcheren Island.  However, in each instance the headlong dash of the Allied armies' juggernaut across France and the Lowlands rendered any airborne participation unnecessary.

	c.  Finally, as swiftly as prior targets had appeared and disappeared, came the opportunity of the Twenty First Army Group to employ and airborne spearhead in a bold offensive through Holland designated Operation Market Garden.  Thus the stage was set for XVIII Airborne Corps initial active participation in the ETO, a mere 20 days after arriving in the United Kingdom as a ground unit.

	d.  This was an audacious plan concocted by British Field Marshal Montgomery that would be the first major daylight air assault attempted by a military power since Germany's attack on Crete.  Similar to the German assault of four years earlier, the Allies initial plan for 17 September 1944 was to use the paratroopers and glidermen of the 82nd and 101st U.S. Airborne Divisions and England's First Airborne Division in a daring daylight drop into Holland.  The airborne Allied troops were to seize roads, bridges, and the key communication cities of Eindhoven, Nijmegen, and Arnhem, thus cutting Holland in half and clearing a corridor for British armored and motorized columns all the way to the German border.

	e.  Although XVIII Airborne Corps achieved their objectives, the plan was overly ambitious from a logistical standpoint and the operation did not achieve its ultimate objective.
	f.  On 16 December 1944, the German High Command launched a daring counter-offensive against the First and Third U.S. Armies in the Ardennes, Belgium.  Initially, the enemy offensive met with considerable success, and only through the heroic efforts of numerous American units were the Germans stopped and then pushed back.

	g.  The 82nd and 101st Airborne Divisions had recently disengaged from operations in Holland and were training and refitting in base camps in the Reims-Suippes-Sissonne area of France.  The 17th Airborne Division was in training at base camps in Wiltshire and Surrey, England.  Corps Headquarters and Corps troops were split between Epernay, France and Ogbourne St. George, England.

	h.  The initial success of the enemy counter-offensive resulted in a decision by General Eisenhower, Supreme Commander, SHAEF (Supreme Headquarters Allied Expeditionary Force) to detach the XVIII Airborne Corps from the FAAA and attach it to the Twelfth Army Group.  Meanwhile, concurrent action had been taken to move the 82nd and 101st Airborne Divisions by truck to the vicinity of Bastogne, Belgium which was the concentration area assigned by the First U.S. Army.  Poor weather conditions initially kept the 17th Airborne Division in England.  However, they were later able to fly into action from England and fought under the Third U.S. Army.

	i.  Through the superb initiative and cooperation of the Communication Zone, particularly OISE Base Section, the 82nd and 101st Airborne Divisions were assembled, rationed, supplied with ammunition, and cleared from their base areas in approximately eighteen hours.  While enroute to the front lines, orders were received attaching the 101st Airborne Division to the VIII Corps in the Bastogne area, directing the remaining XVIII Airborne Corps Headquarters and the 82nd Airborne Division to proceed into action in the vicinity of Werbomont, Belgium.

	j.  Because the Ardennes Mountains form a rugged broken terrain with the weather and visibility poor, the fight became a battle for roads as the German avalanche poured westward.  Since the American lines between Malmedy on the north and Bastogne on the south were already broken, the Germans sought to press their advantage westward toward Paris and northward to capture huge American stores, particularly gasoline at Verviers and Liege.  For the Germans to accomplish these objectives, it was imperative to force the salient to open wider at Malmedy and Bastogne.

	
	k.  The XVIII Airborne Corps mission was to first halt the onrushing German armor columns and then expel the Germans from the northern part of the salient.  The three key road centers were St. Vith, tenaciously held by the 7th Armored Division and reinforced by elements of the 9th Armored and the 106th and 28th Infantry Divisions; Houffalize, already in enemy hands; and Bastogne which the 101st Airborne Division never allowed to be captured.

	l.  The 30th Infantry Division, with elements of the 3rd Armored Division, was in a deadlock with the German 1st SS Panzer Division around Malmedy in the west.  Meanwhile, there was no contact between the 7th Armored Division and the 30th Infantry Division.  It was through this gap that the Germans were pushing their armored columns westward to strike through St. Vith with overwhelming force, then whip around the exposed right flank of the 7th Armored Division.

	m.  The 82nd Airborne Division was immediately thrown into this gap and commenced attacking at once.  By midnight of 20 December 1944, the 82nd had established a bridgehead over the Salm River at Trois Ponts.  Contact was finally established with all elements of the XVIII Airborne Corps and the 84th Infantry Division was tentatively attached.

	n.  By 23 December 1944 the situation became extremely critical.  The positions before St. Vith were no longer tenable.  The 7th Armored Division, with elements of the 106th and 28th Infantry Divisions, were withdrawn and given defensive positions on the Corps right.  The 84th Infantry Division was committed to shoring up the north side of the salient as the Germans made an all out effort to break through the Corps front lines to Verviers and Liege.

	o.  December 24th found the 82nd Airborne Division dangerously out in front of a jagged irregular front line. To shorten the line the division was ordered to withdraw and did so under the cover of darkness.  The following days marked the turning point and the high tide of enemy operations.  Seeking desperately to pierce the American defenses, the Germans continually attacked northward with especially heavy fighting at the critical road center of Manahay.  Every attack was repulsed and the line held.

	p.  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.

	q.  The sector selected for the assault was in the vicinity of Wesel, just north of the Ruhr, on 24 March 1945.  Operation Varsity would be the last full scale airborne drop of World War II and the assignment went to the British
6th Airborne Division and the 17th Airborne Division with the 507th PIR spearheading the assault dropping at the southern edge of the Diersfordter Forest, three mile northwest of Wesel.

	r.  As 24 March 1945 dawned hazy over the drop and landing zones, it had not cleared to any great extent when the two converging air columns roared across the Rhine at 1000 hours.  Enemy flak took a heavy toll, but not a pilot faltered.  By noon, the two airborne divisions were on the ground.

	s.  The impact of the vertical envelopment was tremendous.  The result was a complete break-through of the German Rhine defenses in this area.  By mid afternoon of D-Day, all Corps objectives, including bridgeheads across the Issel River, had been captured, the Corps Commander had crossed and assumed command, and firm contact had been established with 12 British Corps.

	t.  Exploitation of the gap torn through the enemy positions was relentless and decisive during the next five days.  During the six-day period, 24-30 March 1945, in which the Corps was operational, it averaged a daily advance of over seven miles; took 8,000 prisoners; destroyed the 84th German Infantry Division; and captured or destroyed 124 artillery and AA pieces, and 26 tanks.

	u.  This relatively small operation, by a single Corps, imparted a momentum which was maintained through the Ruhr pocket during April 1945, substantially unchecked, until the Baltic was reached. 

	v.  The XVIII Airborne Corps returned from Europe in June 1945 and deactivated on 15 October 1945 at Camp Campbell, Kentucky.

8.  The applicant's record shows that he is entitled to additional awards that are not listed on his WD AGO Form 53-98.

9.  The applicant was a liaison pilot.  The Liaison Pilot Badge was presented to WWII enlisted military pilots assigned to liaison units of the Army Air Corps.  These units flew light single-engine liaison aircraft on day/night reconnaissance and aerial photography missions.



10.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, 
the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part:

	a.  The European-African-Middle Eastern Campaign Medal was awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal was awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the Commanding General of a Corps or higher unit or independent force showing that he actually participated in combat.  A bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation is authorized to be worn on the European-African-Middle Eastern Campaign Medal.

	b.  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.

	c.  The American Campaign Medal was awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal included:  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; duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days; active combat against the enemy and award of a combat decoration or certificate by a Corps Commander or higher; or service within the continental United States for an aggregate period of one year.

	d.  The Army of Occupation Medal (AOM) was awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty were precluded from eligibility.  For Germany, service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.


11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II.  This document shows the unit to which the applicant was assigned, Headquarters, XVIII Corps Artillery (Airborne), was cited for award of the Army of Occupation Medal with Germany Clasp for the period 2 May-4 June 1945.  It also shows the unit participated in three named campaigns – Ardennes-Alsace, Central Europe, and Rhineland.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served as a Liaison Pilot as an enlisted Soldier and as an officer.  He is entitled to correction of his records to show the Liaison Pilot Badge.

2.  Special Orders show that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight between 24 December 1944 and 8 April 1945 in the European Theater of Operations.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant served in the European Theater of Operations with Headquarters, XVIII Corps Artillery (Airborne) and was awarded the Air Medal.  Therefore, there is sufficient evidence to support his entitlement to the European-African-Middle Eastern Campaign Medal.  Headquarters, XVIII Corps Artillery (Airborne) participated in three campaigns; therefore, the applicant is entitled to wear three bronze service stars (called Battle Stars during WWII) on his European-African-Middle Eastern Campaign Medal.

4.  Evidence of record shows that the applicant served a qualifying period for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his record to show this award.

5.  Evidence of record shows that the applicant was awarded the Good Conduct Medal during his enlisted service, which is not shown on his WD AGO Form     53-98.  Therefore, he is entitled to correction of his record to show this award.

6.  Evidence of record shows that the applicant served within the continental United States for an aggregate period of at least one year during his enlisted military service from 10 September 1942 to 26 December 1944.  Therefore, he is entitled to award of the American Campaign Medal and correction of his record to show this award.

7.  The applicant's unit received occupation credit for Germany during the period 2 May-4 June 1945.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his record to show this award.

8.  Evidence of record shows the applicant's unit arrived in the European Theater of Operations on 27 August 1944 and returned to the United States in June 1945. The applicant probably departing Europe on/about 5 June 1945.  His records should be corrected to show 9 months and 9 days of overseas service.

BOARD VOTE:

__le____  __jrs___  __lwr___  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.  showing award of the Air Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the World War II Victory Medal, the Good Conduct Medal, the American Campaign Medal, the Army of Occupation Medal with Germany Clasp, and the Liaison Pilot Badge in Item 29 (Decorations and Citations) of the applicant's WD AGO Form 53-98, dated 28 October 1945; and

	b.  adding the entry "00 09 09" in Item 34 (Foreign Service) of the applicant's WD AGO Form 53-98, dated 28 October 1945 to indicate his overseas service from 27 August 1944 to on/about 5 June 1945.



							Lester Echols
	______________________
          		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.