RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20070018469 


	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, that item 6 (Organization) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the 4th Armored Division.  He also requests award of the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern (EAME) Campaign Medal, the Army of Occupation Medal with Germany Clasp, the American Campaign Medal, the World War II Victory Medal, and the French Fourragere. 

2.  The applicant states, in effect, that he was assigned to the 4th Armored Division during World War II and that he does not believe he received all the awards he is entitled to.

3.  The applicant provides orders for the Purple Heart and a WD AGO Form 
53-55.

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 was inducted on 5 February 1942.  He served in the European Theater of Operations from 10 January 1944 through 12 September 1945 and was honorably discharged on 2 October 1945.  

4.  Item 6 on the applicant’s WD AGO Form 53-55 shows that he was assigned to Battery B, 501st Armored Field Artillery Battalion.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows that he participated in five battles and campaigns (Normandy, Northern France, Rhineland, Ardennes, and Central Europe).  His WD AGO Form 53-55 shows the Distinguished Unit Citation, the Purple Heart, the Good Conduct Medal, the EAME Campaign Medal, and three awards of the Overseas Service Bar as authorized awards.  His WD AGO also shows that he served 1 year, 11 months, and 4 days of continental service.    

5.  In support of his claim, the applicant provided a copy of Headquarters, 
4th Armored Division General Orders Number 23, dated 1 September 1944, which show he received the Purple Heart.

6.  There is no evidence of record which shows the applicant served in the Asiatic-Pacific Theater of Operations during World War II.

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 shows the 501st Armored Field Artillery Battalion participated in 3 campaigns (Ardennes, Central Europe, and Rhineland) during World War II.

8.  Department of the Army Pamphlet 672-1 shows the 4th Armored Division participated in 5 campaigns (Ardennes, Central Europe, Normandy, Northern France, and Rhineland) during World War II.

9.  Department of the Army Pamphlet 672-1 shows the 4th Armored Division received occupation credit for Germany for the period 2 May 1945 to 4 June 1945.

10.  Department of the Army Pamphlet 672-1 shows the 4th Armored Division received the French Fourragere for actions during the periods 27 June 1944 to 11 August 1944 and 12-29 September 1944 based on Department of the Army General Orders Number 43, dated 1950.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal.  It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946.  

12.  Army Regulation 600-8-22 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.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty 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 are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the EAME Campaign Medal must have been awarded prior to 9 May 1945.

14.  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.

15.  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.

16.  Army Regulation 600-8-22 provides for award of the French Fourragere as an approved foreign unit award.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, then the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal or ribbon authorized for wear by members of the unit.
  
DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows his organization was the 501st Field Artillery Battalion and that he participated in five battles and campaigns during World War II.  However, the Department of the Army Pamphlet 672-1 shows the 501st Field Artillery Battalion participated in three battles and campaigns during World War II.  Since the applicant provided orders for the Purple Heart which show he was assigned to the 4th Armored Division, and the same five campaigns shown in Department of the Army Pamphlet 672-1 for the 4th Armored Division are shown on his WD AGO Form 53-55, it is reasonable to presume he was assigned to this organization.  Therefore, it would be appropriate to correct item 6 on his WD AGO Form 53-55 to show the 4th Armored Division.   

2.  There is no evidence of record which shows the applicant served in the Asiatic-Pacific Theater of Operations during World War II.  Therefore, there is insufficient evidence on which to base award of the Asiatic-Pacific Campaign Medal in this case.

3.  Although the applicant requested award of the EAME Campaign Medal, his WD AGO Form 53-55 shows this medal as an authorized award.  However, since he participated in five battles and campaigns in the European Theater of Operations during World War II, he is eligible for award of EAME Campaign Medal with one silver service star. 

4.  The 4th Armored Division received occupation credit for Germany which makes the applicant eligible for award of the Army of Occupation Medal with Germany Clasp.    

5.  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 5 February 1942 and
2 October 1945.

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

7.  The 4th Armored Division received the French Fourragere while the applicant was assigned to it.  Therefore, his WD AGO Form 53-55 should be corrected to show this foreign unit award.  









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

XX_____  ___XX___  __XX____  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: 

	a.  deleting the entry in item 6 on his WD AGO Form 53-55;

	b.  adding the entry, “4th Armored Division” in item 6 on his WD AGO Form 53-55; and

	c.  adding the American Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp, the French Fourragere, and one silver service star for wear on his already-awarded EAME 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 award of the Asiatic-Pacific Campaign Medal. 



                   __ XXX ____
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018469


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