RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080000695 


	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 that his records be corrected to show he was awarded a Silver Star and his military occupational specialty (MOS) was Light Weapons Platoon Sergeant.

2.  The applicant states, in effect, that the documentation provided is sufficient to correct his records to show a true and correct military record. 

3.  The applicant provides copies of his WD AGO Form 53-55 (Honorable Discharge); WD AGO Form 100 (Enlisted Record and Report of Separation); a letter from his company clerk; and General Orders Number 414, dated 6 May 1945 awarding him the Silver Star.

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 the applicant’s records were lost or destroyed in that fire.  This case is being considered using reconstructed records, which primarily consist of documents relating the applicant's service obtained from his Department of Veterans Affairs Records.

3.  Headquarters, 90th Infantry Division General Orders Number 414, dated 6 May 1945, awarded the applicant the Silver Star.

4.  The applicant’s WD AGO Form 53-55 provides the following information:

	a.  the applicant served on active duty from 9 April 1942 through 17 June 1945;
	b.  his organization, at the time of separation, was Company L, 359th Infantry Regiment;

	c.  his MOS was 1607 Heavy Mortar Crewman;

	d.  he participated in the Normandy, the Northern France, the Rhineland, the Ardennes-Alsace, and the Central Europe campaigns;

	e.  he qualified for the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

5.  The applicant’s WD AGO Form 53-55 show his awards include the:

	a.  Bronze Star Medal awarded in 1945 in accordance with (IAW) Headquarters, 90th Infantry Regiment General Orders 264; 

	b.  Good Conduct Medal, awarded IAW Headquarters, 255th Infantry Regiment Special Orders Number 97;

	c.  Purple Heart with one Oak Leaf Cluster, awarded in 1945 IAW Headquarters, 359th Infantry Regiment General Orders 31;

	d.  Asiatic-Pacific Theater Service Medal (properly known as the Asiatic-Pacific Campaign Medal), and 

	e.  European-African-Middle Eastern Theater Service Medal (properly known as the European-African-Middle Eastern Campaign Medal); and

	f.  three Overseas Service Bars and the World War II Honorable Service Lapel Button.		

6.  The applicant’s WD AGO Form 53-55 also show he served in the South-Pacific Theater from 26 October 1942 through an unknown date in May 1943.  He served arrived in the Continental United States (U. S.) on 19 May 1943 and served until he departed for the European Theater of Operations on 5 April 1944. He arrived back in the Continental U. S. on 11 June 1945.

7.  In the development of this case a search of the health record research project records, commonly referred to as the "SGO Files," was made.  These records involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  This information is a valuable substitute for the records 
lost in the NPRC fire of 1973.  A search of these files found that the applicant received medical care for combat incurred wounds on two occasions, first in November 1944 and again on 20 May 1945.

8.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register shows the 359th Infantry Regiment, 90th Infantry Division is credited with participation in the five campaigns, Normandy (with arrowhead); Northern France; Rhineland; Ardennes-Alsace; Central Europe.  The unit was authorized award of two Presidential Unit Citations and the French Croix de Guerre with Palm. 

9.  Army Regulation 600-8-22 (Military Awards) states the following:

	a.  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 such 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	b.  the American 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, and 

	c.  a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the European-African-Middle Eastern Campaign Medal. 
	d.  the “arrowhead” is 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 specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Silver Star on 6 May 1945.  It is appropriate to correct the record to show this award.

2.  The applicant was awarded a Bronze Star Medal in 1945 in accordance with Headquarters, 90th Infantry Regiment General Orders Number 264.  Based on his award of the Combat Infantryman Badge, during WWII, the applicant is authorized award of a second Bronze Star Medal.

3.  The applicant served in the American Theater of Operations for a period in excess of 12 months and is authorized award of the American Campaign Medal.

4.  The applicant participated in five campaigns in Europe including an amphibious landing during Normandy.  He is authorized to wear a silver service star and an arrowhead device on his the European-African-Middle Eastern Campaign Medal.

5.  It is appropriate to correct the applicant's records to show his authorized awards as:  the Silver Star, the Bronze Star Medal with one Oak Leaf Cluster, the Purple Heart with one Oak Leaf Cluster, the Good Conduct Medal, the American Campaign Medal, the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal with one silver service star and an arrowhead, the World War II Victory Medal, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and the Honorable Service Lapel Button–WWII. 

6.  With the destruction of the applicant's military service records, it is virtually impossible to document most of the specifics of the applicant's service.  There is no available documentation the applicant's service in the Asiatic-Pacific Theater other than the denotation that he served there from October 1942 through May 1943 and is authorized award of the Asiatic-Pacific Campaign Medal.

7.  Regrettably, based on the available documentation it is not possible to determine what or when the applicant was officially awarded his MOS.  Therefore correction of the record to show his MOS as a Light Weapons Platoon Sergeant is not appropriate. 

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:

	a.  deleting the awards that are currently shown on the applicant’s 
WD AGO Form 53-55; and 

	b.   showing the applicant's authorized awards include the Silver Star, the Bronze Star Medal with one Oak Leaf Cluster, the Purple Heart with one Oak Leaf Cluster, the Good Conduct Medal, the American Campaign Medal, the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal with one silver service star and an arrowhead, the World War II Victory Medal, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and the Honorable Service Lapel Button–WWII.




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 correction of his military occupational specialty.




      _________X_____________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080000695



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508