IN THE CASE OF:	

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080003864 


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 he be authorized a bronze arrowhead with his European-African-Middle Eastern (EAME) Campaign Medal.

2.  The applicant states, in effect, that friends made him aware that all members who landed at Normandy during the period D-Day plus 15 or 20 were authorized an arrowhead.  He claims that he was assigned with to the 280th Station Hospital, performing duties as a medical corpsman (Medic) on Utah Beach.  He also states that if his memory serves him correctly, his unit landed on D-Day plus 10.  He indicates that after the first of the year he was reassigned to the 14th Armored Division.

3.  The applicant provides a self-authored statement in support of his 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 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.  This case is being considered using reconstructed records that primarily consist of the applicant’s separation document (WD AGO 53-55).

3.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 16 February 1943.  It also shows he served in the European Theater of Operations (ETO) and was assigned to "Company C, 8th A Infantry Battalion."

4.  Item 31 (Military Qualification and Date) of the applicant's separation document shows that during his active duty tenure, he earned the Combat Infantryman Badge. Item 32 confirms his participation in the Central Europe campaign of World War II, and Item 33 (Decorations and Citations) shows he earned the American Campaign Medal, EAME Campaign Medal, Army Good Conduct Medal, and World War II Victory Medal.  

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 6-9, states in pertinent part that award of the Arrowhead denotes 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.  Should a unit be denied assault credit, no assault credit will accrue to the individual Soldiers of that unit. 

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for Army units participating in World War II and Korea.  The listings for the 8th A Infantry Battalion and the 280th Station Hospital do not show that either unit was granted assault landing credit for Normandy, or for any other operation during World War II.

7.  During the processing of this case, a member of the Board staff reviewed the Army Assault Forces – Normandy list maintained by Department of Army (DA), which identifies Army units that were awarded assault landing credit for Normandy (D-Day).  Neither the 8th A Infantry Battalion nor the 280th Station Hospital are included on this list. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded a bronze arrowhead based on his unit's participation in the Normandy D-Day invasion was carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation the arrowhead is awarded 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.  Should a unit not receive assault credit, no assault credit will accrue to the individual Soldiers of that unit. 

3.  The evidence confirms that neither the 8th A Infantry Battalion, the unit of assignment listed on the applicant's separation document, nor the 280th Station Hospital, the unit the applicant claims he served with during D-Day operations were awarded assault landing credit for the Normandy invasion or for any other operation during World War II.  As a result, there is an insufficient evidentiary basis to support granting the assault landing credit to the applicant necessary to support award of a bronze arrowhead with his EAME Campaign Medal. 

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x ____  ___x____  ___x____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



 _   ______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)                                         AR20080003864



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ABCMR Record of Proceedings (cont)                                         AR20080003864



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