IN THE CASE OF:	

	BOARD DATE:	  3 July 2008

	DOCKET NUMBER:  AR20080001327 


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, in effect, that the records of his deceased father, a former service member (FSM), be corrected by awarding him the Bronze Star Medal (BSM), and by showing his entitlement to 3 campaign (bronze service) stars with his European-African-Middle Eastern (EAME) Campaign Medal, 
World War II Victory Medal, and Army of Occupation Medal with Germany Clasp 
(AOM-Germany).    

2.  The applicant states, in effect, that the FSM should be awarded the BSM based on his service as an infantryman and receipt of the Combat Infantryman Badge (CIB) during World War II.  He also claims that based on his father’s service with the 301st Infantry Regiment of the 94th Division, he is entitled to an additional campaign star for the Rhineland campaign, and to the AOM-Germany. He also states that the FSM’s World War II service also entitles him to the World War II Victory Medal, which was never awarded.

3.  The applicant provides a self-authored statement with the eight enclosures identified in the statement in support of the 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 FSM’s military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the FSM’s  records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the FSM’s WD AGO Form 53-55 and other documents provided by the applicant.    

3.  The FSM’s separation document shows that he enlisted in the Army and entered active duty on 21 January 1941.  It also shows that he served in the European Theater of Operations (ETO) from 3 February through 19 July 1945, and that he participated in the Ardennes and Central Europe campaigns of 
World War II.  Item 6 (Organization) confirms he was assigned to the Company D, 18th Tank Battalion, and Item 31 (Military Qualifications) shows that he received the CIB on 1 April 1945.  Item 33 (Decorations and Citations) shows that during his active duty tenure, he earned the Army Good Conduct Medal (AGCM), EAME Campaign Medal, American Defense Service Medal with
1 bronze service star, and American Theater of Operations Service Medal.  Item 33 also shows that the Headquarters that issued the FSM’s AGCM was the 
301st Infantry Regiment.  

4.  The FSM’s WD AGO Form 53-55 shows that the applicant held the rank of private first class (PFC) on the date of his separation and that corporal was the highest rank he attained while serving on active duty.  It also shows that he was assigned to Company D, 18th Tank Battalion, and that he was honorably separated on 3 August 1945, after completing a total of 3 years, 5 months, and 29 days of active military service.  

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 3-13 provides guidance on award of the BSM.  Paragraph
3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.  

6.  Paragraph 5-11 of the awards regulation contains guidance on the Army of Occupation Medal (AOM).  It states, in pertinent part, that it is authorized for the occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955. (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.) 

7.  Paragraph 5-12 of the awards regulation contains guidance on the World War II Victory Medal.  It states that it is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 

8.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during his tenure of assignment, the applicant’s unit (Company D, 18th Tank Battalion) participated in the Ardennes and Central Europe campaigns, and that it received occupation of Germany credit for the period 2 May through 5 July 1945.  The unit was not identified as participating in the Rhineland campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM should be awarded the BSM based on his having earned the CIB during World War II was carefully considered and found to have merit.  By regulation, the BSM is authorized to members who received the CIB during World War II.  The evidence shows that the FSM was awarded the CIB on 1 April 1945, and as a result he should be awarded the BSM for his exemplary conduct in ground combat against an armed enemy while serving in the ETO from 3 February through 19 July 1945. 


2.  The evidence also shows that based on his World War II service, and his service in the ETO, the FSM is entitled to the AOM-Germany and World War II Victory Medal.  Therefore, it would also be appropriate to add these awards to his 
WD AGO Form 53-55 at this time.  

3.  The evidence further confirms that although the FSM’s AGCM orders were issued by the 301st Infantry Regiment, there is no evidence that confirms his direct assignment to that organization.  Item 6 of his separation document confirms he was assigned to and served in Company D, 18th Tank Battalion.  As a result, given the governing publication confirms his unit of assignment participated only in the Ardennes and Central Europe campaigns of World War II, it appears his separation document is correct in documenting his participation in these two campaigns.  

4.  The FSM's campaign participation entitles him to 2 bronze service stars with his EAME Campaign Medal.  Absent any evidence that the applicant's unit (Company D, 18th Tank Battalion) was credited with participating in the Rhineland campaign, there is an insufficient evidentiary basis to support awarding a 3rd bronze service star with the FSM's EAME Campaign Medal, as requested by the applicant.  

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 awarding him the Bronze Star Medal, or his exemplary conduct in ground combat against an armed enemy while serving in the ETO from 3 February through 
19 July 1945; by showing his entitlement to the Army of Occupation Medal with Germany Clasp, World War II Victory Medal and 2 bronze service stars with his European-African-Middle Eastern Campaign Medal; and by providing him a correction to his separation document that includes these awards.  

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 a 3rd campaign star for participation in the Rhineland campaign of World War II. 




       _    ___X____   ___
       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)                                         AR20080001327



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ABCMR Record of Proceedings (cont)                                         AR20080001327



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